IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 8 OF MAY, 2023 MISC. CRIMINAL CASE No. 17726 of 2023 BETWEEN:-

MEHARBANSINGH S/O UMRAOSINGH RAJPUT, AGED ABOUT 60 YEARS, OCCUPATION: AGRICULTURIST, R/O NALKHEDA, JHARDA, DISTRICT UJJAIN (MADHYA PRADESH)

.....APPLICANT (BY MS. ARCHANA MAHESHWARI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION JHARDA DISTRICT UJJAIN (MADHYA PRADESH)

.....RESPONDENT (BY SHRI AJAY RAJ GUPTA - PANEL LAWYER)

This application coming on for admision this day, the court passed the following:

ORDER

This is the second application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.106/2022 registered at Police Station Jharda, District Ujjain (M.P.) for the offence under Sections 459, 307, 427, 34, 302, 120-B and 201 of the Indian Penal Code, 1860. The applicant is in custody since 06/05/2022.

As per prosecution story, deceased Anita Kunwar was the wife of co-

accused Mokam Singh and present applicant is the father-in-law of the deceased. On 05/05/2022 at about 08:00AM present applicant along with co-

Signature Not Verified Signed by: TEJPRAKASH accused Mokam Singh chased the deceased with an intention to kill her. Deceased Anita entered into her house and closed the door from inside, but Mokam Singh by climbing the stair reached on roof and entered her house. Thereafter, he poured petrol upon the deceased and set her ablaze by lighting the match box. Present applicant Meharbansingh also entered her house and destroyed the LED, Printer and all other domestic appliances including the CCTV Camera and took out the DVR box of the CCTV and fled away from the spot with the DVR. Thereafter, Ushabai lodged a Dehati Nalishi at Police Station Jharda. During the treatment deceased succumbed. Accordingly, offence has been registered.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is not the main accused, who has murdered the deceased. Applicant is a 60 years old person and is suffering jail incarceration for last one year i.e. from 06/05/2022. Investigation is over and charge sheet has been filed. Informer Ushabai (PW-1), Abhiraj (PW-2) and Reshambai (PW-3) have been examined before the trial Court. Applicant is permanent resident of Ujjain district and final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting that earlier two bail applications of applicant were dismissed as withdrawn after hearing the matter some time, therefore, present applicant is not entitled to be enlarged on bail.

Perused the impugned order of the trial Court as well as the case diary.

After considering all the facts and circumstances of the case, nature and Signature Not Verified Signed by: TEJPRAKASH gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that Ushabai (PW-1) and all other eye-witnesses of the incident have categorically stated against the present applicant and co- accused Mokam Singh regarding their active participation in the incident. During the investigation DVR and a wooden post of bed has been recovered from the possession of the present applicant in half burnt condition.

In view of the evidence available on record against the applicant, without commenting upon the merits of the case, this Court is not inclined to grant bail to the present applicant.

Accordingly, the second repeated bail application preferred under Section 439 of Cr.P.C. is hereby dismissed.

Certified copy as per rules.

(ANIL VERMA)

JUDGE Tej Signature Not Verified Signed by: TEJPRAKASH