Nurjiya @ Nura vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is second application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.158/2023 dated (not mentioned) registered at Police Station Warla District Barwani (M.P.) for commission of offence punishable under Sections 302 and 34 of IPC.

The first application was dismissed as withdrawn vide order dated 20.10.2023 passed in MCRC No.47277/2023.

Prosecution story in brief is that on 30.05.2023, at around 11:30 PM, the complainant Givliya Bai and her husband Devram were sleeping in courtyard of their house, at that time, the co-accused Ija and applicant Nurjiya@Nura came over there with an axe to give blow on the deceased. The co-accused Ija abetted the applicant Nurjiya@Nura. On which applicant Nurjiya @ Nura gave an axe blow on the left thigh of the deceased. Complainant Givliya Bai raised an alarm to rescue her husband. Thereafter, some villagers came over there. On seeing them, the applicant and co-accused fled away from the incident. Next day, at morning the deceased was taken to the hospital and during the treatment the husband (deceased ) of the complainant expired.

Learned counsel for the applicant submits that applicant has not committed the offence and he has falsely been implicated in the case. It is submitted that after dismissal of first bail application of the applicant, sole eye witness of the incident/wife of deceased Givliya Bai (PW-1) has been examined before the trial Court, but she has completely turned hostile and has not supported the case of prosecution. No other eye witness is available in the case.

It is also submitted that the applicant is in custody since 01.06.2023. Trial will take considerable long time for its disposal therefore, in change of circumstances, it is prayer is made to enlarge the applicant on bail.

On the other hand, learned Govt. Advocate for the State has objected the prayer, however it is fairly submitted that sole eye witness of the incident Givlibai (PW-1) has not supported the case of prosecution in her deposition. It is also prayed that the offence is serious in nature. Therefore, he is not entitled for bail.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

It is directed that applicant - Nurjiya @ Nura shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.