Vinod Namdeo vs State of M.P.

N.K. Mody, J.—Heard. This is first application u/s 439 Cr.P.C. for grant of bail in connection with Crime No. 541/2012, registered at Police Station Ganj Basoda District Vidisha for commission of the offence punishable u/s 302/34 of IPC and section 3(2)(v) of the SC and ST (Prevention of Atrocities) Act.

Learned Counsel for the applicant submits that the deceased is Mithilesh who died because of burn injuries. There are total three accused in the case including the applicant. Shrimati Munni Bai mother of the applicant has already been bailed out by this Court vide its order dated 16/10/2012 passed in MCRC 7367/12. Learned Counsel for the applicant submits that the applicant was the lover of deceased Mithilesh upon which co-accused Sunil was having objection. It is submitted that there was no reason for the applicant to set the deceased on fire. It is further submitted that soles of the deceased were not burnt and for that purpose he lay hands on certain quotation on page 88 of book 1976 Edition of Crime Investigation & Medical Science written by Shri R.M. Jhala, reference whereof has been made in a judgment in the matter of Ram Bai Vs. State of M.P. (Chhattisgarh), which reads thus :

Thus, if soles are conspicuously unburnt in a case of extensive burns, it strongly suggests suicide. This is because it is presumed that such a thing occurs if a person walks after setting fire to his/her body.

it is submitted that the applicant is in custody since 09th August, 2012, hence, he is prayed to be enlarged on bail.

Learned Counsel for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the nature of the allegation and the evidence collected in the case-diary, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the concerned Trial Court for his regular appearance before the concerned Trial Court on the dates as may be directed.

M. Cr. C. stands disposed of. Certified copy as per rules.