Vishuna vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first application was dismissed as withdrawn by order dated 06.01.2022 passed in M.Cr.C. 63924/2021.

The applicant was arrested on 10.09.2021 in connection with Crime No.188/2021 by Police Station Phoop, District Bhind (MP) for the offence punishable under Sections 302, 201, 323, 506, 34 of IPC and 25/27 of Arms Act.

In brief, the prosecution case is that on 09.09.2021 at 2 pm Vinop Pal lodged a Gumshudgi at Police Station Phoop taht on 08.09.2021 his nephew Ashish Pal informed him that mother is not at home from last four days. He doubted that father Mannu Baghel killed her. Thereafter on 09.09.2021 he reached in in-laws house of his sister. Sister was not there. He inquired from her husband Mannu lal. He told him that she had gone to Gwalior. When he enquired about her, it came to know that sister Kusum had not gone to Gwalior. He searched here and there but could not trace her. On his information missing report No. 15/21 was recorded. During inquiry on 9.9.21 at 4:20 pm at Village Janora in the field of Mannu Pal body of Kusum Pal was found on excavation of field. Dead body Panchnama was prepared. Dead body was sent for postmortem. As per postmortem report dead body is moderate to advanced stage of decomposition. Head injuries were present which was caused by forceful impact of hard and blunt object. She died during 3-6 days from conduction of postmortem. Daughter of deceased Sonam aged about 30 years in her statement stated that deceased was his mother and Mannu Pal is her father. They used to quarrel regularly. On the date of incident on 6.9.21, he came to house after taking liquor. He filled diesel in one contained and calling her mother to place the container on the floor. When his wife did not come, he entered the bathroom and assaulted her and took her outside the house and brutally beat her. He assaulted her with the butt of gun due to which she died. Thereafter her grandmother and father buried the dead body of her mother. During dispute her grandmother also assaulted her with Lathi. On 10.09.2021 FIR bearing crime No. 188/2021 of the offence punishable under Section 302, 201, 323, 506, 34 of IPC was registered against present applicant and others. Applicant was arrested on 10.09.2021.

It is submitted by learned counsel for the applicants that the applicants are innocent and she has falsely been implicated in the offence. It is submitted that applicant is a lady aged about 71 years. She is in custody since 10.09.2021 and till today a single witness has not yet been examined. Deceased died due to assault of her husband. Conclusion of trial will take time. On such premises, learned counsel for the applicants prayed for bail.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties at length and perused the record.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.