Sumit Narayan Dubey vs State of M.P.

D.K. Paliwal, J.—Heard. Perused the case diary.

This is first application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 120/2013 registered at Police Station, Mehgaon, District Bhind, for the offence punishable u/s 302 of IPC.

As per prosecution case, Vikas Sharma has informed Ramprakash that he alongwith his family members was invited for some function, hence, they had gone there. Deceased Rama was alone in the house. When they came back, she was found dead. Merg intimation No. 24/13 u/s 174 of Cr.P.C. was recorded. During enquiry, it was found that deceased Rama has been murdered by strangulation. After investigation, crime No. 120/13 has been registered against applicant and Smt. Nirmala Sharma.

Learned counsel for the applicant submits that applicant has falsely been implicated in the case. It is further submitted that wifes of Sumit Narayan and Jagat Narayan are real sisters. The name of wife of Sumit Narayan is Rambeti and Ramkanti is the wife of Jagatnarayan. The father of Rambeti and Ramkanti had given his property to his both the daughters and in the year 2000 there was a partition between both the sisters. Deceased Rama was the wife of son of Jagatnarayan and she died in the house of Jagatnarayan. Applicant and Smt. Nirmala Sharma do not use to visit the house of Jagatnarayan. There was no reason for the applicant to commit the murder of deceased Rama. On these grounds, prayed for bail.

The application is opposed by learned Public Prosecutor as well as by learned counsel for the complainant.

From the postmortem report of the deceased, it appears that there were ante-mortem pressure spots over upper chest, mandible and neck. The mode of death has been found to be asphyxia caused by mechanical strangulation. There is no eyewitness of the incident. The husband of deceased Vikas Dubey and father of the deceased Ramprakash have expressed suspicion on applicant and Smt. Nirmala Sharma. As per the statement of Vikas, he has seen applicant and Smt. Nirmala Sharma coming out from his house. When he entered in the house, he found that his wife is lying dead. Vikas has also stated that in the morning a wordy quarrel took place between him and Sumit Narayan. Taking into consideration that husband of the deceased Vikas has not informed his father-in-law that he has seen Sumit Narayan and Nirmala Sharma coming out from his house, Vikas himself has not lodged the report, Merg intimation has been lodged on the second day while the distance of police Station is merely five kms., coupled with the fact that a property dispute is pending between the parties, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

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;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.