Smt. Reena vs The State Of Madhya Pradesh on 13 May, 2022

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Madhya Pradesh High Court

Smt. Reena vs The State Of Madhya Pradesh on 13 May, 2022

Bench: Vivek Agarwal

                                                                      1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 13th OF MAY, 2022

                                               MISC. CRIMINAL CASE No. 22032 of 2022

                                       Between:-
                                       SMT. REENA W/O LATE VIMLESH VERMA , AGED
                                       ABOUT 25 YEARS, OCCUPATION: HOUSE WIFE VILLAGE
                                       NEPANIYA SIKKA, P.S. ICCHAWAR, DISTRICT SEHORE
                                       (MADHYA PRADESH)

                                                                                                  .....APPLICANT
                                       (BY SHRI ASHISH SINHA, ADVOCATE)

                                       AND

                                       THE STATE OF MADHYA PRADESH THROUGH P.S.
                                       ICHHAWAR SEHORE (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
                                       (BY SHRI JITENDRA SHRIVASTAVA, PANEL LAWYER )

                                  This first bail application coming on for hearing this day, the court passed the
                         following:
                                                                  ORDER

This is first bail application filed under Section 439 of the Code of Criminal Procedure on behalf of applicant Smt. Reena W/o Late Vimlesh Verma, who is in custody since28.11.2021 in connection with Crime No.455/2021 registered at Police Station Icchawar, Distt. Sehore (M.P.) for the offences punishable under Sections 302, 201 and 120-B of IPC.

It is submitted that the present applicant is innocent and she is falsely Signature Not Verified SAN implicated. It is true that she lost her husband Vimlesh Verma who was found murdered in a pulses field. It is submitted that there are omnibus and general Digitally signed by MOHD TABISH KHAN Date: 2022.05.14 10:55:53 IST 2 allegations that present applicant was having illicit relationship with main accused Pankaj and she connived with Pankaj to eliminate her husband Vimlesh Verma.

It is submitted that all the six witnesses, who are family members of the deceased Vimlesh Verma have not said independently anything about illicit relationship of the present applicant with Pankaj but they all have said that in front of T.I. Madam, Pankaj had admitted about his illicit relationship with Reena. It is submitted that this memorandum of Pankaj has limited evidentiary value.

It is further submitted that investigation is so botched up and so shabby that I.O has even not bothered to mention as to which of the phone number belongs to the present applicant and which of the phone number belongs to main accused Pankaj. It is submitted that she has been falsely implicated so that complainant party may not be required to maintain her as a widow of their son Vimlesh.

Shri Satyam Agrawal, learned counsel for the objector vehementaly opposes the prayer for grant of bail.

Shri Jitendra Shrivastava too joins in the cores but is in agreement that there are no independent statements of any of the prosecution witnesses who are six family members of the deceased everything that they had knowledge of illicit relationship between the present applicant and main accused Pankaj. On the contrary all have given mechanical statements that when Pankaj was arrested he had given a memorandum before the T.I. Madam and he had taken name of the present applicant.

Taking all these facts into consideration and the limited evidentiary value, Signature Not Verified without commenting anything on the merits of the case, this application is allowed.

SAN

It is directed that applicant Smt. Reena be released on bail on her furnishing a Digitally signed by MOHD TABISH KHAN Date: 2022.05.14 10:55:53 IST 3 personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court for her appearance before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

T he jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus/Omicron Virus before and after releasing the applicant.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE Tabish Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2022.05.14 10:55:53 IST

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