Madhya Pradesh High Court
Bhawarlal vs The State Of Madhya Pradesh on 1 October, 2021
Author: Pranay Verma
Bench: Pranay Verma
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.48829/2021
Bhawarlal S/o Madanlala Vs. State of M.P.
Indore, Dated:- 01/10/2021
Shri Gaurav Laad, Counsel for the applicant - Bhawarlal S/o
Madanlala.
Shri Awdesh Polekar, Govt. Advocate for the
respondent/State.
1. They are heard. Perused the case diary /challan papers.
2. This is the First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.336/2021 registered at Police Station Narsinghgarh, District Rajgarh (MP) for offence punishable under Sections 363, 302 and 201 of IPC.
3. The applicant is in custody since 21.06.2021.
4. As per the prosecution, the one Mangilal made a report to Police Station Narsinghgarh to the effect that on 03.07.2017, at about 8.00 a.m., he had gone to Gram Kolukhedi. One of his daughters namely Chandni aged 7 years and 6 months has gone missing since the previous date i.e. 03.07.2020 from around 3-4 p.m.. She has not been found despite best efforts. On lodging of the complaint FIR was registered by the Police and investigation was commenced. On 17.05.2021, informant Narayan intimated that at Signature Not Verified SAN Digitally signed by NEERAJ SARVATE Date: 2021.10.07 15:30:26 IST 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.48829/2021 Bhawarlal S/o Madanlala Vs. State of M.P. about 6.30 in the morning he has discovered a skeleton near Banda Bedra Talab. On recovery, the skeleton and bones were sent to the Medico Legal Institute. On receipt of the report the DNA samples of the skeleton were matched with those of Mangilal and his wife and it was discovered that the same are of Chandni, daughter of Mangilal. Thereafter during investigation, on suspicion the applicant was interrogated who admitted having killed Chandni. His memorandum was recorded in which he stated that he had killed Chandni for the purpose of falsely implicating one Kailash Joshi with whom he had previous enmity and had buried her next to his house. After some time he had kept the skeleton near the well. The applicant was thereafter arrested and on his disclosure four small bones were recovered from where he stated to have buried the deceased. These bones were also found to be the bones of the same person whose skeleton was found earlier. Thereafter the applicant was charged with the offences as aforesaid.
5. Counsel for the applicant submits that there is absolutely no material available on record against the applicant to connect him with the incident. There is only the memorandum under Section 27 of the Indian Evidence Act against him. There is no eye witness to Signature Not Verified SAN Digitally signed by NEERAJ SARVATE Date: 2021.10.07 15:30:26 IST 3 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.48829/2021 Bhawarlal S/o Madanlala Vs. State of M.P. the incident. The applicant has been arrested only on the basis of suspicion and no recovery has been made from him. The FIR was lodged against unknown person and there is no identification of the application. On such grounds prayer for grant of bail is made.
6. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that besides memorandum under Section 27 of the Indian Evidence Act, the recovery of bones has also been made on disclosure of the applicant. These bones have been found to be the bones of skeleton recovered earlier which was found to be of deceased Chandni. There is hence sufficient material available against the applicant. On such grounds prayer for rejection of the application is made.
7. I have heard learned counsel for the parties and have perused the case diary. On the record, there is memorandum under Section 27 of the Indian Evidence Act against the applicant wherein he is alleged to have admitted to his guilt. There is no eye witness to the incident. The skeleton of the deceased has been recovered after almost 10 months of the date of her death. There is no statement of any witness as regards the incident. Even at the time of registration Signature Not Verified of missing person report no suspicion was raised against the SAN Digitally signed by NEERAJ SARVATE Date: 2021.10.07 15:30:26 IST 4 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.48829/2021 Bhawarlal S/o Madanlala Vs. State of M.P. applicant. The recovery of 4 small bones is also on the basis of memorandum of the applicant. In my view, looking to the material on record collected by the prosecution so far against the applicant, I deem it to be a fit case to enlarge the applicant on bail.
8. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
9. It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. Signature Not Verified SAN Digitally signed by NEERAJ SARVATE Date: 2021.10.07 15:30:26 IST 5 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.48829/2021 Bhawarlal S/o Madanlala Vs. State of M.P. Certified copy as per rules.
(PRANAY VERMA) JUDGE ns Signature Not Verified SAN Digitally signed by NEERAJ SARVATE Date: 2021.10.07 15:30:26 IST