Waheed Shah @ Azad Shah vs State Of Madhya Pradesh

Mohd. Fahim Anwar, J

This is repeat-third application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested in connection with crime

No.164/2019, registered at Police Station Tala, District Satna, for commission of offence punishable under Section 306 of IPC.

Earlier first application M.Cr.C.No.51295/2019 was dismissed as withdrawn vide order dated 16.12.2019 while second application M. Cr. C.

No.36086/2020 was dismissed on merits vide order dated 16.10.2020.

The allegation of prosecution is that on 18.7.2019 at about 7:00 pm, the applicant, who was having love affair with deceased Sufia Bano had refused to

marry her and also told her that she is free to take whatever steps she likes for committing suicide. It is also alleged that on the instigation/abetment of

the applicant, deceased Sufia Bano had set herself on fire on 19.7.2019 at about 8:30 pm and succumbed because of the burn injuries on the same

day. On that basis, marg intimation was recorded and during the course of marg inquiry, the aforesaid facts were narrated by the mother, father and

other family members of the deceased. On that basis aforesaid crime against the applicant has been registered.

Learned counsel for the applicant has submitted that the applicant has not committed any offence and he has been falsely implicated in the crime. It is

further submitted that statements of Mohd. Gufran (P.W.1) and Smt. Jinnat Bano (P.W.2) have been recorded before the trial Court and they have

not supported the case of the prosecution. The applicant is in custody since 4.11.2019. The applicant is a permanent resident of the address mentioned

in the application.There is no chance of tampering with the prosecution witnesses. He ready and willing to furnish adequate surety and will abide by all

the directions and conditions which may beimposed by the Court.

Contending aforesaid, it is prayed that the applicant may be released on bail.

Learned counsel for the State opposed the bail application.

Although earlier second application M. Cr. C. No.36086/2020 was dismissed on merits vide order dated 16.10.2020 but on going through the aforesaid

order, it appears that the copy of the statements of father and mother of the deceased was not produced on record.

 After perusing the statements of prosecution witnesses Mohd. Gufran (P.W.1) and Smt. Jinnat Bano (P.W.2), who are father and mother of the

deceased and other facts and circumstances of the case, I am of the considered view that it is a fit case for grant of bail to the applicant. Hence,

without expressing any opinion on merits of the matter, this repeat-third application is allowed.

 It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with

one surety of the like amount to the satisfaction of the trial Court to appear before the Court on the dates given by the concerned Court. It is directed

that applicant shall comply with the provisions of Section 437(3) Cr.P.C.

 In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing.

 Further, in view of the order passed by the Hon'ble Supreme Court suo moto in W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail Doctor before his release.

The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing Date:

2020.12.17 16:02:50 IST him in appropriate quarantine facility.

This M.Cr.C. stands allowed and disposed of.

C.C., as per rules.