Madhya Pradesh High Court
Sughar Singh vs The State Of Mp on 1 February, 2022
Author: Anand Pathak
Bench: Anand Pathak
1
The High Court Of Madhya Pradesh
MCRC No. 625 of 2021
(SUGHAR SINGH Vs THE STATE OF MP AND OTHERS)
Gwalior, Dated : 01-02-2022
Heard through Video Conferencing.
Shri H.K. Shukla, learned counsel for the applicant/complainant.
Smt. Padamshri Agarwal, learned P.L. for the respondent/State.
Shri Vivek Vyas, learned counsel for respondent No.2/accused. Instant application under Section 439(2) of Cr.P.C. has been filed for cancellation of bail order dated 07.12.2020 passed in M.Cr.C. No.48395/2020, whereby respondent No.2, Kok Singh was given benefit of bail under Section 439 of Cr.P.C. for alleged offence under Section 323, 294, 506, 34 and 302 of IPC in crime No. 74/2020 at police station Devgarh District Morena for allegations of murder of Balister Singh.
Learned counsel for the applicant/complainant submits that respondent No.2, Kok Singh is constantly causing threat and intimidation to the prosecution witnesses including the applicant and in support thereof he referred certain complaints made in this regard before police authorities. It is further submitted that after being released on bail, respondent No.2, Kok Singh caused murder of his own family member, Ramswarup and implicated present applicant and his family members in the said case to face false implication. He is notorious in his designs. Therefore, his bail be cancelled.
Learned counsel for the respondent/State fairly submits that SHO, police station Devgarh shall take all steps not to allow respondent No.2, Kok Singh to cause any embarrassment, harassment or intimidation to the prosecution witnesses including the complainant and if he commits any offence, then immediately he shall be dealt with as per law.
Learned counsel appearing for respondent No.2/accused, namely, Kok Singh fairly submits that after getting bail he learnt the lesson hard way and would not tinker with administration of justice in any manner. He further undertakes on behalf of Kok Singh that even for the satisfaction of 2 applicant/complainant he shall remain out of the vicinity of village Chhinwara, till the trial is completed and he further undertakes that he shall not cause any embarrassment, harassment through any mode (electronic or personal) to the complainant side and shall abide by all the terms and conditions as imposed by this Court.
Considering the rival submissions, it appears that a chance be given to respondent No.2/accused to enjoy the liberty earlier granted but looking to the rivalry between the two families and the nature of allegations as leveled by counsel for the applicant/complainant and the nature of allegations as contained in the case vide crime No. 16/2021 registered at police station Devgarh indicates that it is in the interest of everybody that respondent No.2, Kok Singh should move out of vicinity of complainant side and, therefore, as per undertaking given by counsel for respondent No.2, accused-Kok Singh is directed not to move in the vicinity of village Chhinwara till the trial is conducted. If he is found in the village Chhinwara or in the vicinity of complainant side, then complainant side shall immediately take photograph and would immediately inform the SHO, police station Chhinwara on his mobile through Whatsapp, as valid proof of that particular day (through Metadata) SHO, police station Chhinwara shall take appropriate steps against respondent No.2/accused. However, it is expected from applicant that he shall not file any false complaint against the presence of accused, Kok Singh on the basis of some previous photographs etc. Application stands disposed of in above terms.
(ANAND PATHAK) JUDGE neetu NEETU SHASHANK 2022.02.02 15:59:01 +05'30'