Madhya Pradesh High Court
Suresh vs The State Of Madhya Pradesh on 3 January, 2022
Author: Anil Verma
Bench: Anil Verma
The High Court Of Madhya Pradesh
MCRC No. 64640 of 2021
(SURESH Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 03-01-2022
Shri S.K. Sharma, learned counsel for the applicant.
Shri Hemant Sharma PL for the respondent/State.
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 315/2021 registered at P.S - .Nalchha, District- Dhar (M.P.) for commission of offence punishable under Sections 363, 366-A, 304-A, 201 of IPC and sections 7/ 8, 18 of POCSO Act.
As per prosecution story, on 20/09/2021, complainant Ramkaran lodged a report at police station - Nalchha to the effect that her minor sister / prosecutrix was missing. She went to her friend Surjabai at Ganesh Pandal, but she did not come back. During investigation, it was found that co-accused Sanjay and Ajay were going to meet the prosecutrix and Surjabai. Present applicant Suresh had installed electric wire at the boundary of his field to safeguard the crops from animals. Current was flowing in the electric wife. Due to electric shock, the prosecutrix died. Present applicant alongwith other co-accused threw the dead body of the prosecutrix into river. Accordingly, aforementioned offences were registered and they were arrested.
Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. He is in jail since 18/11/2021. He is a permanent resident of District- Dhar Final conclusion of trial shall take sufficient long time. He is sole bread-earner in his family. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection Perused the impugned order of the trial Court as well as the case dairy.
Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation as also taking note of the fact that present applicant has been made accused in this case under section 304-A and 201 of IPC; the alleged offences are triable by JMFC; he is in jail since 18/11/2021; he has no criminal past and possibility of delay in conclusion of the trial cannot be ruled out, I deem it proper to release the accused / applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C., Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.
Certified copy, as per Rules.
(ANIL VERMA) JUDGE Digitally signed by AMOL N MAHANAG Date: 2022.01.03 17:58:28 +05'30'