Ramcharan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8242 MP

Citation : 2021 Latest Caselaw 8242 MP
Judgement Date : 4 December, 2021

Madhya Pradesh High Court

Ramcharan vs The State Of Madhya Pradesh on 4 December, 2021

Author: Gurpal Singh Ahluwalia

                          1
          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 58552/2021
           (RAMCHARAN Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 04/12/2021

      Shri Anshu Gupta, Counsel for applicant.

      Shri Rajeev Upadhyay, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 19.06.2021 in connection

with Crime No.46/2021 registered by Police Station - Raghunathpur,

District Sheopur, for offence punishable under Sections 302, 201,

120-B, 342, 506 of IPC.

      It is submitted by Counsel for the applicant that according to

the prosecution case, Rampati Bai was killed and her dead body was

thrown in the Chambal river. However, the dead body has not been

recovered so far. By referring to the statement of Deepak, son of the

deceased Rampati, it is submitted that Rampati was in habit of

consuming liquor and used to live with Pappu Banjara and on this

issue, there used to be a quarrel between his mother Rampati and the

applicant and other relatives including his father. It was further

alleged that on 25.05.2021, when his mother did not return back, he

went in search of his mother and found that the deceased was lying in

a field and was under the influence of alcohol and after noticing the

deceased in such a situation, it is alleged that the father of this witness
                           2
          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 58552/2021
           (RAMCHARAN Vs THE STATE OF MADHYA PRADESH)

and Dinesh started assaulting the deceased by lathi and thereafter

they brought the deceased to the house. The co-accused Kanchan and

the applicant were standing on the gate of room. When this witness

insisted that he wants to see his mother then it is alleged that the

applicant and his father informed that the deceased has already died.

It is further submitted that when this witness inquired from his father

about the whereabouts of the deceased, then he was told that the dead

body of the deceased has been thrown in Chambal river by the co-

accused persons with the assistance of the present applicant. It is

submitted that it is clear from the statement of Deepak that the

applicant was not involved in assaulting the deceased. Even if the

entire allegations are accepted, then it is clear that at the most it can

be said that the applicant had assisted the co-accused persons in

disposing of the dead body of the deceased, although the dead body

has not been recovered so far. Co-accused Kalabai has been granted

bail by order dated 15.11.2021 passed in M.Cr.C. No. 51524/2021.

The applicant is in jail from 19.06.2021. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with the prosecution case.

      Per contra, the application is vehemently opposed by Counsel

for the respondent/State. It is submitted that the clothes of the

deceased were duly identified. However, it is fairly conceded that

THE HIGH COURT OF MADHYA PRADESH MCRC No. 58552/2021 (RAMCHARAN Vs THE STATE OF MADHYA PRADESH)

except the allegation that the co-accused made an extra judicial

confession to Deepak that he had disposed of the dead body of the

deceased with the assistance of the present applicant, there is no other

allegation against the applicant.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed. It is directed that the applicant be released on bail on

furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac

Only) with one surety in the like amount to the satisfaction of the