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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 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.