Dinesh S/O Budhiya Ajnar vs State Of M.P

Shailendra Shukla, J

Submissions were made on first bail application filed by applicant -Dinesh s/o Budhiya Ajnar under Section 439 of Code of Criminal Procedure,1973

for grant of bail in connection with Crime No.27/2020 registered at Police Station â€" Udaygarh, District-Alirajpur for the offence punishable under

Section 302 of Indian Penal Code, 1860.

The prosecution story was that, the body of deceased Saidibai was found in an agricultural field and her face was found to be smashed with stone. A

report was lodged against unknown person. As per statements of one Jhinabai, the accused-Dinesh had been consuming liquor in the house of

Jhinabai. But Dinesh entered the house of Jhinabai and tried to molest Nankibai, who is the daughter of Jhinabai. Nankibai cried aloud and then

Jhinabai ran after the accused -Dinesh with an axe in her hand. Dinesh ran in to the house of deceased Saidibai. The husband of Saidibai namely

Bodhu was also at that point of time consuming liquor with accused-Dinesh and Jhinabai and he has stated that he saw Dinesh going towards his

house and therefore, he apprehends that it would be Dinesh, who must have committed the incident. Budhu himself has stated that he has often named

Shakti and at that point of time whose relative namely Pinki aged 30 years was also in the house. But the Police has not recorded the statements of

Pinki or Shakti.

Learned counsel for the applicant submitted that there is no motive and there is no last seen theory of the applicant seen with deceased Saidibai and,

therefore, due to such lack of evidence bail has been stopped.

Learned counsel for the State was also heard, who submits that the blood stained clothes of the applicant has been recovered on the basis of his

memorandum.

Learned counsel for the applicant submits that barely this evidence is not sufficient to implicate the applicant. It is not the case of the prosecution that

there was any quarrel between the applicant and Saidibai and the applicant has not been seen with Saidibai by any of the persons including Pinki or

Shakti and, therefore, a case is made out for grant of bail.

Considered.

At this point of time, learned counsel for the State has read out the statements recorded under Section 164 of Cr.P.C. of Jhinabai, who has stated that,

it was only the applicant-Dinesh, who had committed murder of Saidibai and that accused-Dinesh was wearing the same shirt which later on was

found to contain blood stains.

Learned counsel for the applicant submits that, such statements were not made by Jhinabai in her 161 Cr.P.C. statements and that Section164 Cr.P.C.

statements were recorded three months later. He also submits that it should have been subjected to identification by Jhinabai, which has not been

done.

After due consideration and after perusal of the case diary, a case is made out for grant of regular bail to the applicant. Accordingly, the bail

application filed by the applicant â€" Dinesh is allowed.

The applicant â€" Dinesh is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with

one local solvent surety of like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal

Court during trial with a condition that he shall remain present before the Court concerned during trial.

The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

Miscellaneous Criminal Case No.49886 / 2020 is allowed and stands disposed of.

Certified copy, as per rules.