Anil And Others vs State Of Madhya Pradesh

Pranay Verma, J

Since these applications arise out of the same crime number and are related to the same incident they have been heard together and are being decided by a common order.

M.Cr.C. No.49793 of 2023 is the Second application filed on behalf of applicant Anil. His first application has been dismissed as withdrawn vide order dated 01.05.2023 in M.Cr.C. No.62033 of 2022. M.Cr.C. No.49666 of 2023 is the First application filed on behalf of applicant Biram.

These applications have been filed under Section 439 of the Criminal Procedure Code, 1973. Applicants are implicated in connection with Crime No.385/2022 registered at Police Station Jobat, District Alirajpur (M.P) for offence punishable under Section 302, 394, 397, 201 of IPC and under Section 25(A)(B), 27 of the Arms Act. The applicants are in custody since 06.08.2022 and 19.08.20221 respectively.

As per the prosecution, on 31.07.2022, complainant Tagadiya along with his wife Sushila had gone on a motorcycle to gram Doliyawad. At night at about 9:30 pm they were coming back when near Dekakund two motorcycles in which there were four persons stopped his motorcycle. One of them threw a stone which hit his wife Sushila on the head causing injuries to her as a result of which, she fell down. Injury was also caused to Tagadiya. The aforesaid persons took away a Vivo company mobile phone from Sushila and a sum of Rs.1,000/- which he was carrying. Sushila was thereafter taken to the hospital but succumbed to her injuries. On the report lodged, investigation was commenced during the course of which the applicants have been implicated and arrested for the present offence.

Learned counsel for the applicants submits that the husband of deceased Tagadiya has been examined before the trial Court and he has not supported the prosecution case in any manner and has been declared hostile. He has failed to identify the applicants. He has stated that after the incident he had run away towards village Baladi. At the time of incident it was dark and he could not see the face of any one of the assailants. He has further stated that no loot was committed upon him. He has even denied the Test Identification Parade. The other witnesses Jubansingh and Raju have also turned hostile and have not supported the prosecution case. It is further submitted that applicants are in custody since 06.08.2022 and 19.08.2022 respectively and the trial is still likely to take time for its conclusion. On such grounds prayer for grant of bail to the applicants have been made.

The aforesaid prayer has been opposed by learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicants, they are not entitled to be released on bail merely on the basis of statements of prosecution witnesses.

I have head the learned counsel for the parties and have perused the case diary as well as statements of prosecution witnesses.

Complainant Tagadiya, the husband of the deceased, has been examined before the trial Court and he has not supported the prosecution case in any manner and has been declared hostile. He has stated that since it was dark he could not identify any of the assailants and could not remember their faces. He had got scared and run away to the village. He has also stated that no Test Identification Parade was got conducted. The other witnesses Jubansingh and Raju have also turned hostile and have not supported the prosecution case. The applicants are in custody since 06.08.2022 and 19.08.2022 and the trial is still likely to take time for its conclusion. Thus in my opinion, in the available facts and circumstances of the case, applicants deserve to be enlarged on bail.

Accordingly, the bail applications are allowed. The applicants are directed to be enlarged on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance as and when directed.

It is also directed that the applicants will abide by all the conditions enumerated under Section 437 (3) of the Cr.P.C.

Certified copy as per rules.