Ishwardas Manikpuri Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2170 of 2024

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Ishwardas Manikpuri S/o Tukeshwardas Manikpuri Aged About 41 Years R/o Mahamaya Para Kasdol, Police Station Kasdol, District- BalodabazarBhatapara, Chhattisgarh.

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------Applicant

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VERSUS

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State of Chhattisgarh through the Police Station Kasdol, DistrictBalodabazar-Bhatapara, Chhattisgarh.

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------- Non-applicant

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For Applicant : Mr. Pragalbha Sharma, Advocate.

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For State : Mr. Jitendra Shrivastava, Govt. Advocate

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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(19/ 04 /202 4)

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Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 361/2023 registered at Police Station – Kasdol, District Baloda Bazar Bhatapara (C.G.) for offence punishable under Section 302, 364, 201 of IPC.

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Case of prosecution in brief is that late Laxmibai Manikpuri was found missing from her house from 20.05.2023, missing report was lodged by Prateek Manikpuri, her son, in the concerned police station. During investigation, one dead body of female was found which was identified by the complainant to be the dead body of his mother Laxmibai. Based on which, F.I.R. was registered against unknown person. During investigation, memorandum statement of applicant was recorded and based on his memorandum statement, he was made accused in the aforementioned crime.

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Learned counsel for applicant submits that except the memorandum statement there is no other material available in the charge-sheet or connecting piece of evidence is available to connect the applicant in the aforementioned crime. He further contended that during trial complainant Prateek Manikpuri, son of late Laxmibai Manikpuri and Nehrudas Manikpuri

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was examined. From his evidence it is appearing that he has not properly identified the dead body to be of his mother and therefore whether late Laxmibai was still alive and missing is not crystallized. Haripriya Manikpuri, Sister of complainant has not supported the case of prosecution.

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Learned State counsel opposes the submission of learned counsel for applicant and further submits that in the memorandum statement as also the confession statement made before the police, applicant has admitted his guilt. He also contended that after last rite ceremony of the deceased Nehrudas Manikpuri and Laxmidas Manikpuri, applicant informed his wife of offence committed by him. However, upon asking, he do not dispute the submission of counsel for applicant that Harpriya Manikpuri daughter of deceased and wife of applicant is now examined before the trial court and has not supported the case of prosecution.

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I have heard learned counsel for the parties.

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Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties as also the document enclosed along with application, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-

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a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

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b) The applicant shall not, in any manner, tamper with the prosecution witnesses.

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c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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/pwn

Ishwardas Manikpuri v. State of Chhattisgarh

Case brief

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Ishwardas Manikpuri v. State of Chhattisgarh

Case brief

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