Humali vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.40/2024, Date:-(Not mentioned) registered at P.S.-Kakanwani, District- Jhabua (M.P.) for commission of offence punishable under Sections 302, 323, 294, 506, 34 of the IPC and Section 3/5 of Dharmantran Pratished Adhiniyam, 2021.

Prosecution story, in brief, is that on 16.2.2024 at around 6.30 AM there was some dispute between the complainant party and the accused persons. Meanwhile, co-accused Jor Singh and his son Arpit assaulted deceased Nahatiya by means of an Axe and Lathi respectively on his head. Due to injuries deceased died on the spot. When wife of the deceased Kalibai and mother Heerabai tried to rescue him, the accused persons also assaulted them by their weapons. It is also alleged that present applicant Kamla, Vesta and Malji have also assaulted the deceased and injured persons by means of Lathi and stone. The matter was reported on the same day against accused persons Arpit, Jor Singh, Vesta, Malji and Jayas.

3 . Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. It is submitted that name of the present applicant is not mentioned in the FIR lodged by wife of the complainant Kalibai and also in her statement recorded under Section 161 and 164 of Cr.P.C. It is also submitted that at around three days later supplementary statement of Kalibai under Section 161 of Cr.P.C. was recorded by the Police, wherein she firstly taken name of the applicant as assailant, therefore, involvement of the applicant in the incident is doubtful. It is also submitted that applicant is in custody since 16.2.2024. The co-accused Kamala has been granted bail by this Court vide order dated 28.5.2024 passed in M.Cr.C.No.21599/2024. The case of the present applicant is identical with the case of co-accused Kamala. Investigation is complete and charge sheet has been filed. The conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.

4 . On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for its rejection. However, he fairly submits that case of the applicant is identical with the case of co-accused Kamala.

5 . Having considered the submissions advanced from counsel for the parties, also considering the facts and circumstances, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.

It is directed that the applicant- Humali be released on bail upon his/her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

M.Cr.C. stands disposed of, accordingly.

C.c. as per rules.