Madhya Pradesh High Court
Dashwanti Kewat vs The State Of Madhya Pradesh on 1 February, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 1st OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 61373 of 2021
Between:-
DASHWANTI KEWAT W/O KASHINARESH KEWAT
OCCUPATION: HOUSEWIFE VILLAGE AGARHAVA,
P.S.GADWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAJEEV KUMAR PATHAK, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
GADWA P.S. GADWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AMIT MISHRA, PANEL LAWYER)
(Heard through Video Conferencing)
This first bail application coming on for admission this day, Hon'ble Shri
Justice Vivek Agarwal passed the following:
ORDER
This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant in connection with Crime No.174/2020 registered at Police Station Gadwa, District Singrauli (M.P.) for offences punishable under Sections 450, 458, 302, 34, 120-B of IPC and Section 25/27 of Arms Act. She is in custody since 18.10.2021.
Learned counsel for the applicant submits that main accused is Ravi Kewat who had fired a gun shot from the Desi Katta on the right ear of Rajesh Kewat, who died of such gun shot injury.
As per prosecution story, when Ravi Shankar Kewat after firing a gun shot started running out of the house then Neela Devi Kewat had caught hold of him through his chain when Ramakant Kewat who was standing outside when Ravi Kewat asked Ramakant Kewat to give him one more bullet so that he may kill Neela Devi Kewat also. According to the eye witness Neela Devi Kewat she had Signature Not SAN Verified seen Ramakant Kewat, Sonu Kewat, Babal Kewat, Ghurhu Kewat besides Digitally signed by MOHD TABISH KHAN Date: 2022.02.01 19:20:49 IST 2 Ravikant Kewat.
It is submitted that the applicant has been made an accused on the memorandum on the ground that she had hired services of the killers to eliminate family of Rajesh Kewat. It is submitted that neither any phone call details have been annexed along with the charge-sheet nor any recovery has been made from the present applicant and she is innocent and she has been falsely implicated in the case. She is in custody since 18.10.2021. Investigation is complete, charge-sheet has been filed. Trial will take time for its conclusion, hence, prayer is made to enlarge the applicant on bail Shri Amit Mishra, learned Panel Lawyer for the respondent/State opposes the bail application but admits that no call details have been attached to the charge-sheet. There is no investigation as to the phone call being made by the present applicant to the killers. There is no criminal history of the applicant.
After hearing learned counsel for the parties and taking all these facts into consideration, this Court deems it appropriate to release the applicant on bail, therefore, without commenting anything on the merits of the case, this application is allowed.
It is directed that applicant Dashwanti Kewat be released on bail on her furnishing a 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 to appear 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.
I n view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
3Certified copy as per rules.
(VIVEK AGARWAL) JUDGE Tabish