Madhya Pradesh High Court
Brajesh Ahirwar vs The State Of Madhya Pradesh on 2 March, 2022
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 9087/2022
(BRAJESH AHIRWAR AND ANOTHER Vs STATE OF M.P.)
Gwalior, Dated : 02/03/2022
Shri Navnidhi Parharya, Counsel for applicants.
Shri C.P. Singh, Counsel for State.
Case diary is available.
In compliance of order dated 28.02.2022, Shri Yogendra
Parmar, the Investigating Officer posted at Police Station Murwas,
District Vidisha is present in person.
This is first application filed under Section 439 of Cr.P.C. for
grant of bail.
The applicants have been arrested on 10.01.2022 in connection
with Crime No.169/2021 registered by Police Station - Murwas,
District Vidisha for offence punishable under Sections 305, 34 of IPC.
On 21.02.2022, it was noticed that the Police has also recorded
the statements of some witnesses who have stated that they had seen
the applicants following the deceased and thereafter her dead-body
was found, and accordingly, the State Counsel was directed to clarify
that on one hand the prosecution has collected the evidence of last
seen together and on the other hand, prosecution is relying on the
motive to say that it is case under Section 305 of IPC.
It is submitted by Shri Parmar that on 23.06.2021, the
statements of two minor girls Neelam and Poonam were recorded
during marg enquiry who have stated that the deceased had gone to
answer the call of nature and thereafter she did not return back,
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 9087/2022
(BRAJESH AHIRWAR AND ANOTHER Vs STATE OF M.P.)
however, their statements under Section 161 of Cr.P.C were recorded
on 28.08.2021 and in those statements, the witnesses Poonam and
Neelam stated that they had seen the applicants following the
deceased. It is further submitted that thereafter further investigation
was conducted under the orders of superior authorities and the
supplementary statements of Anita Bai, Halkeram, Sambhu Singh and
Pratap were recorded. It is submitted that after completing the
investigation, he came to a conclusion that infact an offence under
Section 305, 34 of IPC is made out and not under Section 302 of IPC.
It is further submitted by Shri Parmar that the statements of Poonam
and Neelam which were recorded on 28.08.2021 have also been filed
along-with the charge-sheet. Therefore, the Trial Court would be free
to consider the statements of Poonam and Neelam dated 28.08.2021
while framing the charges.
It is submitted by Counsel for the applicants that according to
the prosecution case, the applicants were harassing the deceased, and
therefore, she committed suicide. No specific reason for harassment
has been pointed out except that they had enmity as the father of
deceased was implicated in a murder case. It is further submitted that
the trial is likely to take sufficiently long time and there is no
possibility of their absconding or tampering with prosecution case.
Per contra, the application is opposed by the Counsel for the
respondent/State.
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 9087/2022
(BRAJESH AHIRWAR AND ANOTHER Vs STATE OF M.P.)
Heard the learned counsel for the parties.
In view of the fact that the Police has filed the charge-sheet for
offence under Section 305, 34 of IPC, and without commenting on the
merits of the case, the application is allowed. It is directed that the
applicants be released on bail on furnishing a personal bond in the
sum of Rs.1,00,000/-(Rupees One Lac Only) each with one surety
each 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
Aman
AMAN TIWARI
2022.03.02
18:01:16 +05'30'
