Madhya Pradesh High Court
Sunil Kumar Kushwaha vs The State Of Madhya Pradesh on 6 October, 2018
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 38408/2018
( Sunil Kumar Kushvaha Vs. State of M.P.)
Jabalpur, Dated: 06.10.2018
Shri Pushpendra Kumar Verma, learned counsel for the
applicant.
Shri Santosh Yadav learned Panel Lawyer for the
respondent/State.
Heard.
Case diary perused.
This is the first application under Section 438 Cr.P.C filed by the applicant for grant of anticipatory bail.
Applicant is apprehending his arrest in connection with Crime No.78/2018 registered at Police Station Kusmi Distt. Sidhi for the offence under Sections 302, 306 read with Section 34 of IPC.
The allegations against the applicant in short are that on 31.3.2018 the deceased was admitted to SGMH, Rewa with the history of burning, at that time she was found to be conscious. Her statement was recorded by the police officer. She died on the same day at about 11.40 pm. Information of which has been sent to police chowki, SGMH, Rewa, where the merg intimation number 0/2018 has been registered. During the course of the merg enquiry, statements of Vaishnavi @ Nandini daughter of deceased, aged about 8 years and other witnesses have been recorded. On that ground a Crime No.74/18 for the offence under 306 of IPC has been registered against the applicant and co-accused Akhilesh Pratap Singh @ Lallu Bhaiya. In the said crime, the applicant filed a bail application in the trial Court which was registered as M.Cr.C. Digitally signed by SANTOSH MASSEY Date: 10/10/2018 23:11:40 2 THE HIGH COURT OF MADHYA PRADESH No.242/2018 and the bail was granted vide order dated 24.7.2018. It is also alleged that later on in the same crime again the statement of Vaishnavi @ Nandini has also been recorded on 21.8.2018 under Section 164 of Cr.P.C. On that basis, the police has added Section 302 of IPC in the already registered crime and therefore, the applicant has again been taken into custody.
Learned counsel for the applicant has submitted that deceased Neetu Singh was the wife of late Vishnu Bahadur Singh. Co-accused Akhilesh Pratap Singh @ Lallu Bhaiya is the younger brother of Vishnu Bahadur Singh. He was having doubt that the applicant is having illicit relation with her sister- in-law (Bhabhi) i.e. deceased Neetu Singh. It is the reason, he remained annoyed with deceased-Neetu Singh. On the fateful night of the incident co-accused Akhilesh Pratap Singh @ Lallu Bhaiya has killed the deceased by pouring kerosene oil and setting fire on her. The statement of deceased-Neetu Singh was recorded on the date of incident and she had narrated everything against co-accused Akhilesh Pratap Singh. Statement of daughter of the deceased under Section 161 was recorded on 25.6.2018 in which she has supported the version of mother's statement. However, later on her statement under Section 164 of Cr.P.C has also been recorded on 21.8.2018 in which she has changed her version and having tried to implicate the present applicant for the murder of deceased. The applicant was released on bail by the court below in the same crime number treating it to be the offence of 306 of IPC. Later on the basis of false statement of alleged eye witness Nandini @ Vaishnavi, the applicant has been implicated. That Digitally signed by SANTOSH MASSEY Date: 10/10/2018 23:11:40 3 THE HIGH COURT OF MADHYA PRADESH statement has been given by the said witness on the pretext of somebody else who encouraged her to implicate the applicant in the present crime. Having no evidentiary value of the said statement, the learned counsel for the applicant has prayed to enlarge the applicant on anticipatory bail as earlier he has already been enlarged on regular bail in the said crime.
Per-contra, learned counsel for the respondent-State opposes the bail application.
The incident of burning is alleged to have happened on 31.3.2018 at 9.00 am. Reportedly she died on the same day at about 11.40 am. The statement of deceased Neetu Singh soon before her death alleged to have been recorded in which she has clearly stated that co-accused Akhilesh Pratap Singh @ Lallu Bhaiya set her ablaze by pouring kerosene oil upon her by means of a lota. In the said statement, she has also stated that the present applicant has tried to save her. The statement of Vaishnavi @ Nandini Singh has also been recorded on 15.6.2018 in that statement she seems to be supported the statement of her mother. Investigating police has again recorded the statement of Vaishnavi @ Nandini Singh aged about 8 years before the Court, but surprisingly for the reasons best known to her, she has changed her version and made allegations against the present applicant Sunil Kushwaha for allegedly burning her mother by pouring kerosene oil and setting her on fire.
It is pertinent to mention here that the offence against the applicant and co-accused Akhilesh Pratap Singh @ Lallu Bhaiya has been registered under Section 306 of IPC in which the applicant has been granted regular bail vide order dated Digitally signed by SANTOSH MASSEY Date: 10/10/2018 23:11:40 4 THE HIGH COURT OF MADHYA PRADESH 24.7.2018. At this stage it is not proper to make any comment on the merits of the case, but in my opinion it is a fit case to grant the applicant anticipatory bail, as earlier he has already been granted regular bail. The application is allowed.
The applicant is directed that in the event of his arrest, he shall be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the Arresting Officer.
The applicant shall abide by the conditions as enumerated under Section 438 (2) of the Cr.P.C. The applicant shall remain present before the Investigating Officer as and when they are directed so and also appear before the trial Court.
Accordingly, M.Cr.C. stands allowed and disposed of. Certified copy as per rules.
(Mohd. Fahim Anwar) Judge skm Digitally signed by SANTOSH MASSEY Date: 10/10/2018 23:11:40