Ku. Reshma vs. The State Of M.P

The High Court Of Madhya Pradesh

MCRC-1907-2021

(KU. RESHMA AND OTHERS Vs THE STATE OF M.P)

Jabalpur, Dated : 05-02-2021

Heard through Video Conferencing.

Mrs. Indu Pande, learned counsel for the applicants.

Mr. Amit Pandey, learned P.L. for the respondent/State.

Heard with the aid of case diary.

This is first application under Section 439 of Cr.P.C. for grant of bail. Applicants Ku. Reshma and Monu were arrested on 24/8/2017 in connection with Crime No.394/2017 registered at Police Station Junnardev, District Chhindwara (M.P.) for the offences punishable under Sections 302,

201 of the IPC.

As per prosecution case, on 06/08/2017, Ramsingh informed the Police that dead body of one unknown person was floating in a pond situated at village Sagoniya, on that Police registered the inquest case and investigated the matter. During investigation it was found that co-accused Suresh Bharti @ Bhaiya and applicant No.2 Monu Bharti murdered him. On that Police registered crime No.394/2017 for the offence punishable under Sections 302, 201 of the IPC and arrested the applicants on 24/08/2017. It is alleged that applicant No.1 Ku. Reshma was also involved in the crime.

Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the aforesaid offence. The statement of eyewitness of the incident Uttar (PW/7) and other material witnesses of the incident i.e. Mukesh (PW/5), Lakshman Barkhane (PW/6), Ajay (PW/8) and Sandeep (PW/9) have been recorded by the trial Court. They turned hostile and did not support the prosecution story. Co-accused Suresh Bharti @ Bhaiya has already been released on bail by this Court vide order dated 19/12/2019 passed in M.Cr.C.No. 47029/2019. The applicants have been in custody since 24/08/2017. The charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicants be

released on bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that the statement of eyewitness of the incident Uttar (PW/7) and other material witnesses of the incident i.e. Mukesh (PW/5), Lakshman Barkhane (PW/6), Ajay (PW/8) and Sandeep (PW/9) have been recorded by the trial Court. The other co-accused Suresh Bharti @ Bhaiya has already been released on bail by this Court vide order dated 19/12/2019 passed in M.Cr.C.No. 47029/2019, the applicants are in custody since 24/08/2017 and conclusion of trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) each with surety each in the like amount to the satisfaction of the concerned CJM/trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicants :

1. The applicants will comply with all the terms and conditions of the bond executed by them;

2. The applicants will cooperate in the trial;

3.The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court;

4. The applicants shall not commit an offence similar to the offence of which they are accused;

5. The applicants will not seek unnecessary adjournments during the trial; and

6. The applicants will not leave India without prior permission of the trial Court.

Certified copy as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

VS