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Judgment
This is the first application under section 439 Cr.P.C. for grant of bail. Applicants Dayaram Ahirwar and Bhagwandas Ahirwar were arrested on 07.12.2018 in connection with Crime No.787/2018 registered at Police Station Patharia, District Damoh for the offence punishable under Sections 302, 307, 294 and 34 of IPC.
As per prosecution case, on 05.12.2018, co-accused Tikaram Ahirwar and applicants Bhagwandas Ahirwar and Dayaram Ahirwar set ablaze deceased Surendra Ahirwar after pouring kerosene, due to which deceased sustained burn injury and died.
Learned counsel for the applicants submits that applicants are innocent and they have been falsely implicated in the offence. The statements of Kashiram Ahirwal (PW-9), father of the deceased, Smt. Vidyarani Ahirwar (PW-10), mother of the deceased, Smt. Sapana @ Chandrakumar Ahirwar (PW-11), wife of the deceased have been recorded by the trial Court. They turned hostile and did not support the prosecution case. Sunderlal Ahirwar (PW-12) is the eye witness of the incident. His statement has also been recorded by the trial Court and he also turned hostile and did not support the prosecution case. Dr. Rohit Garg (PW-3) admitted in his cross-examination that it can be a case of suicide. The applicants are in custody since 07.12.2018. The charge-sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
On the other hand, learned counsel for the respondent/State opposed the prayer and submitted that the deceased in his dying declaration clearly stated that the applicants and other co-accused after pouring the kerosene set ablaze him, due to which he sustained burn injuries, so the applicants should not be released on bail.
Looking to the facts and circumstances of the case, and the contention of the learned counsel of the applicants and the fact that the statements of Kashiram Ahirwal (PW-9), Smt. Vidyarani Ahirwar (PW-10), Smt.Sapana @ Chandrakumar Ahirwar (PW-11) and Sunderlal Ahirwar (PW-12) have been recorded by the trial Court, the applicants are in custody since 07.12.2018, charge-sheet has been filed and the conclusion of trial will take time without commenting on the merits of the case, the application is allowed and it is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicants :
The applicants will comply with all the terms and conditions of the bond executed by them;
The applicants will cooperate in the trial;
The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer,as the case may be;
The applicants shall not commit an offence similar to the offence of which they are accused;
The applicants will not seek unnecessary adjournments during the trial; and
The applicants will not leave India without prior permission of the trial Court.
C.C. on payment of usual charges.