Madhya Pradesh High Court
Raja Kushwaha vs The State Of Madhya Pradesh on 27 March, 2019
The High Court of Madhya Pradesh
M.Cr.C.No.12098/2019
(Raja Kushwaha Vs. State of M.P. )
M.Cr.C.No.11511/2019
(Saurabh Sen Vs. State of M.P. )
1
Jabalpur, Dated : 27-3-2019
Shri Ranjit Singh, counsel for applicant Raja Kushwaha.
Shri S.M.R.Siddiqui, counsel for applicant Saurabh Sen.
Shri R.K.Rajput, P.L., for the respondent/State.
Heard. Case diary perused.
As the cases arise out of same crime no., therefore they are decided by this common order.
These are first bail applications filed under Section 439 of the Cr.P.C. for grant of bail to the applicants.
The applicants have been arrested in connection with Crime No.25/2019, registered at Police Station Panagar, District Jabalpur, for the offences punishable under Sections 302, 201 read with section 34 of IPC.
The allegation of prosecution is that Vinay Kumar Kurmi, aged 22 years, who was working in the Parle Factory Richai situated at Panagar, Jabalpur was found to be disappeared since 12.8.2018, so an information in this regard was lodged by his father Purushottam Kurmi, which was registered in Police Station Ranjhi as Missing Person Report No.154/2018. It is also alleged that on 13.8.2018 a dead body of unknown person was found near culvert of Jalgaon Canal (Nahar). On the information a marg report No.93/2018 under section 174 of Cr.P.C., was registered in Police Station Panagar on 13.8.2018. Lateron the said dead body was found to be that of missing person Vinay Kumar Kurmi. Postmortem of deceased was conducted and it was found that the death was due to asphyxia due to antemortem drowning. During the course of marg inquiry statements of family members of deceased and other witnesses have been recorded and applicants, who were also working in the Parle Factory Richai with the deceased have been The High Court of Madhya Pradesh M.Cr.C.No.12098/2019 (Raja Kushwaha Vs. State of M.P. ) M.Cr.C.No.11511/2019 (Saurabh Sen Vs. State of M.P. ) 2 interrogated. Applicants and co-accused persons have admitted that they were going to dispose of stolen cartoons of biscuits of Parle Factory alongwith the deceased, during which deceased Vinay Kumar Kurmi got injured because of electric wires lying in the sugarcane field of Prahlad Sengar and his body was thrown near the culvert of Jalgaon Canal (Nahar). On that basis, the applicants have been implicated in the aforesaid crime.
Learned counsel for the applicants have submitted that the applicants are innocent persons. The applicants are in custody since 7.1.2019. The trial will take a long time to conclude. It is further submitted that there is no likelihood of their absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicants may be released on bail.
Learned Government Advocate for State has opposed the applications for bail.
On going through the case diary, it appears that only statement of co-accused Pramod Kushwaha under section 27 of the Evidence Act has been recorded and he has specifically narrated in his statement that when deceased Vinay Kumar Kurmi got injured and became unconscious, as a result of shock from electric wire, he himself with the help of other co-accused and Bhola Kushwaha had taken him towards the culvert of Jalgaon Canal (Nahar) and thrown him, lateron from where his dead body was found. He specifically stated that the applicants Raja Kushwaha and Saurabh Sen had left the spot i.e., from the sugarcane field of Prahlad Sengar just after deceased Vinay Kumar Kurmi got injured because of electric current. It is also pertinent to mention that some incriminating articles like Aadhar Card and Identity Card of deceased were also recovered from the possession of co-accused Pramod Kushwaha. The The High Court of Madhya Pradesh M.Cr.C.No.12098/2019 (Raja Kushwaha Vs. State of M.P. ) M.Cr.C.No.11511/2019 (Saurabh Sen Vs. State of M.P. ) 3 statements of father Purushottam Kurmi and brother Manku Patel of deceased have been recorded and they have also stated specifically in their statements that the same statement was given by co-accused Pramod Kushwaha in front of them.
Although it appears that deceased Vinay Kumar Kurmi had died because of drowning, but it does not appear that the applicants have played any role in throwing him in the canal when he was alive. The applicants are in judicial custody since 7.1.2019.
Considering the facts and circumstances of the case, this application is allowed. It is directed that the applicants - Raja Kushwaha and Saurabh Sen, shall be released on bail on their furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court. The applicants shall abide by the conditions as enumerated under Section 437(3) of the Cr.P.C. and in the event of breach of condition of bail, the trial Court will be competent to take coercive action against the applicants.
This M.Cr.C. stands allowed and disposed of. C.C. as per rules.
(MOHD. FAHIM ANWAR)
M. JUDGE
Digitally signed by
SANTOSH P MATHEWS
Date: 2019.03.28
13:09:01 +05'30'