Kastura vs The State Of Madhya Pradesh
2024 Latest Caselaw 21464 MP

Madhya Pradesh High Court

Kastura vs The State Of Madhya Pradesh on 7 August, 2024

Author: Anil Verma

Bench: Anil Verma

                                                             1                        MCRC-32059-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                             HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 7 th OF AUGUST, 2024
                                            MISC. CRIMINAL CASE No. 32059 of 2024
                                                        KASTURA
                                                          Versus
                                              THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Shri Omprakash Solanki - Advocate for the applicant.

                                   Shri Tarun Pagare - GA for respondent/State.

                                                              ORDER

1. This is the second application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.126/2022 registered at Police Station Kakanwani, District Jhabua for the offence under Section 302, 294, 506, 147, 148, 149 of IPC.

2. As per the prosecution story, in the intervening night of 10th and 11th April, 2022 the complainant Demabai along with her husband Nursingh and daughter Varsha were sleeping outside their house, at that time present

applicant along with other co-accused persons came there and abused them. Virsingh and Kastura both of them forcefully took her husband. When the complainant chased and tried to stop them, the accused persons pelted stone on her. Thereafter the present applicant along with other co-accused persons committed Marpit with the Nursingh by using stone, wooden stick and other weapons, due to which Nursingh died on the spot. Complainant lodged an

2 MCRC-32059-2024 FIR at P.S. Kakanwani. Accordingly offence has been registered.

3. Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 14.4.2022 and already suffered jail incarceration for more than two years. Demabai (PW-5) and other witnesses have been examined before the trial Court. Limited allegation has been levelled against the present applicant. Applicant did not use any deadly weapon and he did not cause fatal injury to the deceased. Applicant is a permanent resident of District Jhabua. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

4. Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection.

5. Perused the case diary as well as the impugned order of the court below.

6. Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also the fact that Demabai (PW-5) categorically stated in her statement that present applicant along with other co-accused forcefully took her husband from her house and present applicant attacked upon her husband by using wooden stick. Although complainant deposed in Para 21 & 22 of her cross- examination regarding the Panchayat proceedings and demand of money from the present applicant, but she has not turned hostile and did not admit the fact that present applicant was not present on the spot. Detailed marshalling of the statement of witnesses at the stage of bail is not

3 MCRC-32059-2024 permissible as per the judgment of Hon'ble Apex Court in the case of Satish Jaggi Vs. State of Chhattisgarh and Ors. (Cr.A. No.651/2007) decided on 30.7.2007.

7. Therefore, in view of the evidence available on record, this Court is not inclined to grant bail to the applicant. Accordingly this M.Cr.C. is dismissed.

C.C. as per rules.

(ANIL VERMA) JUDGE

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