Madhya Pradesh High Court
MCRC/1548/2024 of SUNIL UIKEY Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLAON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 1548 of 2024
BETWEEN:-
SUNIL UIKEY S/O LATE SHIVKUMAR UIKEY, AGEDABOUT 21 YEARS, OCCUPATION: BUSINESS R/OVILLAGE MOHARLI P.S. DEHAT AND DISTRICTCHHINDWARA (M.P.)
(BY SHRI YASHOWARDHAN SHUKLA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION KUDNIPURA DISTRICT CHHINDWARA (M.P.)
(BY SHRI J.S. PARIHAR - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is third application under Section 439 of the Code of CriminalProcedure 1973 for grant of bail filed on behalf of the applicant who has beenarrested relating to FIR/Crime No.418/2022 registered at Police StationKundipura, district Chhindwara for the offences punishable under Sections 302,201 and 34 of IPC.
Learned counsel for the applicant submits that the applicant is in custody.The trial will take considerable time to conclude. He further submits that theapplicant is innocent and has falsely been implicated in the case. The applicantis a permanent resident of district and there is no likelihood of his absconding or tampering with prosecution evidence. He is ready to furnish adequate suretyand shall abide by all the conditions to be imposed by the Court. Upon thesegrounds, it is prayed that the applicant be released on bail.
On the other hand, learned counsel for the State has opposed the bailapplication.
Heard learned counsel for the parties and perused the case diary.
This is the third bail application filed on behalf of applicant, the first onewas dismissed as withdrawn vide order dated 27.02.2023 passed in M.Cr.C.No.60358/2022 and the second one was dismissed on merits vide order dated03.11.2023 passed in M.Cr.C. No.41079/2023. This bail application has beenargued primarily on the ground of statements of prosecution witnesses recordedbefore the trial Court. It is a case where no one witnessed the incident ofmurder. Only on the basis of statements of witnesses recorded duringinvestigation, seizure of blood stained clothes and axe from the applicant andthe cyber cell report about the mobile phones of deceased, his sister and theapplicant, the charge-sheet was filed. Prosecution witnesses namely Avinash(PW11) - the brother of deceased, Akash Bais (PW12) - the seizure witness, Roshni Uikey (PW5) - sister of deceased, Sangita (PW2) - the mother ofdeceased and Kamlesh (PW4) are the material witnesses in the case, but aftergoing through their testimonies, the submission made by the counsel forapplicant for grant of bail deserves reconsideration. Although the clothes andthe axe allegedly seized from the applicant have tested positive for the presenceof blood stains, but it is not disclosed in the FSL report that the blood stainswere related to human blood.
Having considered the material evidence available on record of the trial Court and its implication and without going into the merits of the matter, thisbail application is allowed.
It is directed that the applicant shall be released on bail upon hisfurnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand Only) with one solvent surety in the like amount to the satisfactionof the trial Court concerned for his appearance before the said Court on allsuch dates as may be fixed in this regard during pendency of the trial.
It is further directed that the applicant shall comply with the provisions ofSection 437(3) of Cr.P.C.
Accordingly, this M.Cr.C. stands allowed and disposed of.
rv
(ANURADHA SHUKLA)JUDGE