Citation : 2022 Latest Caselaw 910 MP
Judgement Date : 19 January, 2022
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-796-2022
Veeru alias Veer Singh Vs. State of MP
Through video conferencing
Gwalior, Dated : 19.01.2022
Shri Anshu Gupta, Counsel for the applicant.
Shri A.K. Nirankari, Counsel for the State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 19.06.2021 in connection
with Crime No.46/2021 registered at Police Station Raghunathpura
Distt. Sheopur for offence 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
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
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THE HIGH COURT OF MADHYA PRADESH
MCRC-796-2022
Veeru alias Veer Singh Vs. State of MP
such a situation, it is alleged that the father of this witness and
Dinesh started assaulting the deceased by lathi and thereafter they
brought the deceased to the house. It is alleged that the applicant was
inside the room. When this witness insisted that he wants to see his
mother, then it is alleged that the co-accused 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. It is submitted that it is clear from the
statement of Deepak that the applicant was not involved in assaulting
the deceased. Co-accused Kalabai and Ramcharan have been granted
bail by order dated 15.11.2021 and 04.12.2021 passed in M.Cr.C. No.
51524/2021 and M.Cr.C. No.58552/2021 respectively. 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.
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
THE HIGH COURT OF MADHYA PRADESH MCRC-796-2022 Veeru alias Veer Singh Vs. State of MP
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
Trial Court/Committal Court to appear before the Court on the dates
given by the concerned Court.
This order shall remain effective till the end of the trial but in
case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
Certified copy as per rule.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.01.21 10:32:40 +05'30'
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