RAMSINGH KUSHWAH v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-02. RAMSINGH KUSHWAH v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR nd ON THE 2 OF JANUARY, 2024 MISCELLANEOUS CRIMINAL CASE No. 56325 of 2023 BETWEEN:- RAMSINGH KUSHWAH S/O SARVAN, AGED ABOUT 50 YEARS, RESIDENT OF VILLAGE MADA THANA VIJAYPUR DISTRICT SHEOPUR (MADHYA PRADESH) ..... APPLICANT (SHRI SHYAM KISHORE MISHRA - ADVOCATE FOR THE APPLICANT) AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION VIJAYPUR DISTRICT SHEOPUR (MADHYA PRADESH) ..... RESPONDENT ( SHRI P. P. S. BAJITA - PUBLIC PROSECUTOR FOR THE RESPONDENT- STATE) This application coming on for HEARING this day, th e court passed the following: ORDER This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 248/2023 registered at Police Station Vijaypur, District Sheopur (M. P.
) for offence punishable under Sections 304-B, 498-A and 34 of the IPC and added Section 306 of the IPC. The applicant is in judicial custody since 20/11/2023. A s per the case of prosecution, Hema Kushwah was admitted at Rainbow Multi-Speciality Hospital, Basant Vihar Jhansi Road, Gwalior on Signature Not Verified Signed by: PRACHI MISHRA Signing time: 03-Jan-24 10:33:06 AM 21/07/2023 around 10. 47 am due to burn injuries. She died during treatment on the same day around 1. 47 pm. On intimation by the hospital, Unnatural Death Intimation No. 32/2023 was registered at P. S Vijaypur, District Sheopur on 02/08/2023. Postmortem examination on dead body of Hema Kushwah was conducted on 22/07/2023. Medical Officer opined that Hema Kushwah had died due to ante mortem burn injuries. During inquest proceedings, statements of relatives of the deceased were recorded on 20/08/2023.
Ramesh (father), Dilip (brother), Sitaram (brother) and Draupadi (mother) of the deceased stated that Hema was married to Vijay Singh on 17/04/2018. After one year of marriage, Hema started complaining that her husband-Vijay Singh, father- in-law (Bhairo Lal), mother-in-law(Phoolvati) are harassing her with regard to demand of dowry and their neighbour-Ram Singh also supports and instigates them. They have paid Rs. 52,000/- to the accused but they were demanding remaining Rs. 48,000/-. On instigation of Ram Singh, Vijay Singh, Phoolvati and Bhairo Lal manhandled Hema. She committed suicide due to constant harassment by the accused. On such allegations, Police Station- Vijaypur District Sheopur registered FIR at Crime No. 248/2023 for the offence punishable under Sections 304-B, 498-A and 34 of the IPC. Statements of witnesses under Section 161 of the Cr. P. C have been recorded. Relevant seizures have been made.
Applicant- Ram Singh was arrested on 20/11/2023, he is in custody ever since. Other co-accused Vijay Singh and Bhairo Lal have also been arrested. Final report has been submitted on 30/11/2023. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant is involved in this matter alleging that he is neighbour of matrimonial family of the deceased. Applicant has no interference in day to day affairs of family of the deceased. He is not related to Signature Not Verified Signed by: PRACHI MISHRA Signing time: 03-Jan-24 10:33:06 AM husband of the deceased. Applicant was involved after 20 days of death of the deceased for the first time and after two months his relationship as maternal-uncle-in-law (Mosiya Sasur) was alleged by witnesses Reena and Ramdeen in their statement recorded under Section 161 of the Cr. P. C. Applicant is aged around 50 years. He has family to look after. He is an agriculturist by profession.
No criminal antecedent is reported against the applicant. There is no likelihood of applicant's absconsion leaving his family, home and property. He is sole bread earner of his family. Jail incarceration is causing hardship to the family. There is no likelihood of tampering with the evidence, as both the parties belong to same socio-economic status. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail. Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence and prays for its rejection. Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed. Accordingly, it is directed that applicant RAMSINGH KUSHWAH shall be released on bail in relation to Crime No.
248/2023 registered at Police Station Vijaypur, District Sheopur (M. P. ) for offence punishable under Sections 304-B, 498-A and 34 of the IPC and added Section 306 of the IPC, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs.
Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, : (For the Signature Not Verified Signed by: PRACHI MISHRA Signing time: 03-Jan-24 10:33:06 AM sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Applicant shall remain present on every date of hearing as may he directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) vkosnd izdzj.
k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr. P. C. regarding examination of witnesses in attendance; (5) fopkj. k ds nkSjku] mifLFkr xokgksa ls ijh{k. k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, it shall become ineffective without reference to the Court.
Signature Not Verified Signed by: PRACHI MISHRA Signing time: 03-Jan-24 10:33:06 AM The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accued or the surety. C. C. as per rules. (SANJEEV S KALGAONKAR) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 03-Jan-24 10:33:06 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.