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2020 DIGILAW 862 (MP)

Manash @ Manish Sheelu v. State Of Madhya Pradesh

2020-09-07

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail. 2. The applicant is under arrest since 23.02.2019 in connection with Crime No.72/2019 registered at PS-Parasiya, Chhindwara in relation to the offences punishable under Sections 302,201,376(1), 376(2)(n) of the IPC. 3. As per the allegation, the FIR was lodged on 17.02.2019 against unknown person on discovering a dead body in the forest area. The dead body was later on identified by the mother of deceased as Kavita. The statement of mother and sister of the deceased were recorded. On the basis of their statements, the present applicant was impleaded as an accused. 4. Learned counsel for the applicant submits that there is no eye-witness to the incident and the applicant has been falsely implicated only on the basis of suspicion. It is pointed out from the statements of Moonwati (PW.6), mother of deceased, and Sumarwati (PW.7), sister of deceased, that they had only suspicion against the present applicant as the applicant was allegedly having love affair with the deceased, hence, on the basis of their suspicion they have named the present applicant. He has further pointed out that in the case diary statement, mother of deceased had stated that her daughter went missing from 14.02.2019 from 11 AM. However, no missing person report has been lodged by her or any of the relatives of the deceased. It is further pointed out that as per the case diary statement a Ballam was recovered from the present applicant, however, as per statement of Rajkumar Parteti (PW.12) brother-in-law of the deceased, an iron knife was recovered from the applicant. It is submitted that there are lot of discrepancies in the statements of witnesses and looking to presence scenario of Covid-19 pandemic,the trial would take considerable time to conclude. Applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made. 5. Learned PL has vehemently opposed the bail application and prayed for rejection of the same. 6. Considering the statements of Moonwati (PW.6) mother, Sumarwati (PW.6) sister, and Rajkumar Parteti (PW.12) brotherin-law of the deceased, this application is allowed. 7. It is directed that the applicant Manash @ Manish Sheelu be released on bail on furnishing a personal bond in the sum of Rs. 6. Considering the statements of Moonwati (PW.6) mother, Sumarwati (PW.6) sister, and Rajkumar Parteti (PW.12) brotherin-law of the deceased, this application is allowed. 7. It is directed that the applicant Manash @ Manish Sheelu be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. 8. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him. 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4.The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of bail as a consequence of this order. 9. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sheetal Tiwari, learned Panel Lawyer, on their respective email address for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below. Certified copy/e-copy as per rules/directions.