Suresh Udainiya vs State of M.P.

D.K. Paliwal, J.—Heard.

This is second application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 12/2013 registered at Police Station, Indergarh, District Datia, for the offence punishable u/s 302 of IPC and Sections 25/27 of the Arms Act. The first application (M.Cr.C. No. 4901/2013) has been dismissed as withdrawn vide order dated 30.4.14.

As per prosecution case, the complainant had gone to temple at about 6.15 a.m. and his son had gone to morning walk. The wife of the complainant was alone in the house. When the complainant came back, he saw that Suresh Udainiya alongwith four persons having a Katta was standing near the gate of his house. They were abusing the complainant. On seeing the complainant, they ran away. When the complainant entered in his house and called his wife, he found that she was shrieking inside the room near almirah. When the complainant asked what happed, then she told that Suresh has fired at her, four persons were also with him. The wife of the complainant received firearm injury on her neck. As soon as the complainant lifted her, she died.

Learned counsel for the applicant submits that applicant has not committed any offence. He has falsely been implicated in the case. No offence is made out against the applicant. The statement of complainant Chandraprakash has been recorded during trial. The applicant is in custody since 10.2.13. It is further submitted that wife of the applicant has died earlier. The applicant in the family has only one minor son aged 13 years and his mother aged 90 years who is blind. It is further submitted that his son is suffering from jaundice and he has been referred to Kamla Raja Hospital, Gwalior. There is no one in the family to look after him. Hence, prayed for bail.

The prayer is opposed by learned Panel Lawyer submitting that applicant is named in the FIR which has been lodged promptly. Hence, prayed for rejection of the bail application.

I have perused the case diary.

As per the postmortem report, it appears that deceased has received one entrance wound over neck below thyroid cartilage, an exit wound over the back near right scapula and teeth bite injury over postero medial surface of lower 1/3rd of right forearm. The deceased died due to shock caused by excessive haemorrhage from the injuries caused by firearm. In the case diary statement, Chandraprakash has stated that his wife told that Suresh has fired at her. Sanjay Dubey has stated that he saw the applicant running near his house alongwith four persons. Akhlesh also saw the applicant near the house of the deceased armed with Katta. Katta has been seized from the possession of the applicant. Chandraprakash Dubey (PW-1), Sanjay (PW-2) and Akhilesh (PW-3) have been examined during trial and they have stated what they have stated in their case diary statement.

Thus, considering the aforesaid material and gravity of the offence, the applicant is not entitled for regular bail. So far as the interim bail is concerned, the applicant has not filed any document showing that his son and mother are seriously ill. Therefore, no case is made out for grant of interim bail. Consequently, this bail application and application for interim bail are hereby dismissed.