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2020 DIGILAW 181 (MP)

Chaturbhuj Ahirwar And Others v. State Of Madhya Pradesh

2020-02-04

AKHIL KUMAR SRIVASTAVA

body2020
JUDGMENT 1. This is the first bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 93/2019 registered at P.S. Bharkach, District - Raisen (M.P.) for the offence punishable under sections 498-A, 304-B, 34 of IPC. 2. As per the prosecution story, the allegation against the applicants is that they alongwith other co-accused have caused murder of deceased Laxmi. 3. Learned counsel for the applicants submits that applicants are innocent and they are in custody since 20/12/2019. It is further submitted that two dying declaration of deceased Laxmi have been recorded, first by police constable and second by Naib Tahsildar and in both the dying declarations she has not deposed against the present applicants. She has just stated that accidentally fire caught place in her sari and she got burnt. Even in the first statement of his father recorded on 17/01/2019 he himself has stated that deceased has given the oral dying declaration in which she has not stated that applicants have any role in setting the deceased on fire. Charge-sheet has been filed and trial will take time to conclude. There is no likelihood of applicants' absconding and tampering with the prosecution evidence and their further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicants on bail. 4. Learned Government Advocate has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application. 5. Looking to the facts and circumstances of the case alongwith the dying declarations of deceased, this application is allowed without commenting anything on the merits of the case. It is ordered that the applicants/accused Chaturbhuj Ahirwar, Jagdish Ahirwar and Champalal be released on bail on their furnishing a personal bond for the sum of Rs.1,00,000/- (Rs. One Lakh Only) each with one solvent surety each in the like amount to the satisfaction of the trial court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial. 6. 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. 6. 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 or to the Police Officer, as the case may be; 4. The applicants shall not commit any offence during the entire period of bail. 5. The applicants will not seek unnecessary adjournments during the trial; 6. The applicants will not leave India without previous permission of the trial Court; 7. The applicants shall inform the Court about their address and residence in case the applicants move out from their permanent address for any point of time; and 8. The applicants shall not contact any of the other accused persons in this case in any manner whatsoever. 7. This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench. 8. In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today. Certified Copy on payment of usual charges.