Madhya Pradesh High Court
Ramavatar @ Golu vs The State Of Madhya Pradesh on 28 June, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-30518-2021
The High Court Of Madhya Pradesh
MCRC-30518-2021
(RAMAVATAR @ GOLU Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 28-06-2021
Heard through Video Conferencing.
Shri B.J. Chourasiya, counsel for the applicant.
Shri S.M. Patel, Panel Lawyer for the State.
Shri Ashwini Kumar Dubey, counsel for the objector.
Case diary is available.
This is the first application filed by the applicant under Section
439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 28.6.2020 in connection with
Crime No.216/2020 registered at Police Station Surkhi, District Sagar
for the offences punishable under Sections 302, 307, 294, 323, 324, 147,
148, 149 of the IPC.
As per prosecution's case, on 27.6.2020 when complainant
Nannebhai Singh Thakur was doing some field work in his field along
with his elder brother Raja Bhaiya, son Ravindra and his younger
brother Chandan Singh @ Halle Bhai, at that time at about 4:00 PM co-
accused Devraj Dangi came there and started putting murram in the
fencing of his field, when complainant tried to stop, Devraj started
abusing him using filthy language and assaulted him by axe cleat, as a
result of which blood started oozing from his nose and mouth. At that
time Nanne Raja armed with lathi and stone, Ramraja armed with lathi,
Indraj & Ramnaresh armed with lathi-stone and Ramavatar armed with
lathi reached there forming an unlawful assembly and assaulted them by
means of lathi-stones, as a result of which they sustained injuries and
Ravindra became unconscious. Ravindra and Halle were taken to
Hospital where Doctor declared Ravindra as dead. On the aforesaid
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information given by complainant, the offence was registered against all
the accused persons as mentioned herein above.
Learned counsel for the applicant submits that the applicant has
been falsely implicated in the case. Similarly placed co-accused
Ramnaresh Singh Dangi has already been released on bail by this Court
vide order dated 9.3.2021 passed in M.Cr.C. No. 51054/2020. The case
of the present applicant is also on similar footing. As per FSL report, no
human blood was found on the weapon recovered from the applicant. The
applicant is in custody and there is no hope of conclusion of trial in near
future on account of situation created due to Covid-19 pandemic,
therefore, he may be released on bail on the ground of parity.
Learned Panel Lawyer as well as learned counsel for the objector
have opposed the application.
I have heard learned counsel for the parties at length. The offences
under Sections 302, 307, 294, 323, 324, 147, 148, 149 of the IPC have
been registered against the applicant and other co-accused persons for
committing murder of Ravindra and for causing injuries to other injured
persons. The named FIR was lodged promptly on the same day i.e.
27.6.2020 against accused Devraj Singh, Indraj Singh, Nanneraja Thakur,
Ramraj Thakur, Ramnaresh Thakur and Ramavatar Thakur. There are
injured eye witnesses in the case and other eye witnesses are also there.
It is brought to the notice of this Court for the first time that the deceased
sustained following external injuries in the incident:-
1.contused abrasion medial to left ear of the size 0.7 x 0.5 cm.
2. contused abrasion left side neck of the size 0.5x 0.5 cm.
3. contused abrasion right iliac region 0.5 x 0.5 cm
4. contused abrasion right and left knee of the siz 1x 0.5 cm.
5. contused abrasion on scrotum on both side testicular region of the size 2.5 x 2 cm anteriorly.
3 MCRC-30518-2021
6. Multiple contused abrasion right side fact of the size 7x 5 cm area from 0.5 x 0.5 cm to 1x 1 cm
7. subscalp haematoma right side parietal region. Following internal injuries were found by the Doctor on the person of the deceased:-
1. Ribs fractured on right side 2nd, 3rd, 4th, 5th and 6th and on left side 1st, 3rd, 4th and 5th.
2. lungs ruptured of both side.
The Doctor has opined that the cause of death of Ravindra was may be due to shock and haemorrhage as a result of multiple antemortem injuries over chest, head and fact.
I t is clear from the post mortem report that most of the injuries sustained by the deceased were contusion, which may be caused by hard and blunt objects, which were carried by the accused persons, thus, the presence of blood on the weapons, which were recovered from the accused persons, is not necessary, therefore, I do not find any force in the submission made by learned counsel for the applicant that there was no blood on the weapon seized from the applicant. The other accused persons have also sustained grievous injuries in the incident.
Apart from the injuries sustained by the deceased and other injured witnesses, it is clear from the prosecution story that the accused persons formed unlawful assembly and assaulted the complainant party, therefore, motive is also available in the case.
It may not be out of context to mention here that previously also accused Ramavatar was tried under Section 302 of the IPC on account of committing murder of Kapil, son of complainant. In the present case also the accused persons formed unlawful assembly and assaulted the complainant party, thus, it is clear that there was strong enmity between the parties and in pursuance of said enmity, the accused persons assaulted the complainant 4 MCRC-30518-2021 party, therefore, motive is also available in the case.
Learned counsel for the applicant has also submitted that similarly placed co-accused Ramnaresh has been released on bail. It would be pertinent to mention here that at the time of consideration of bail application of Ramnaresh the aforesaid facts were not brought into the notice of this Court because the physical case diary was not produced before the Court, therefore, State may apply for cancellation of bail of Ramnaresh, if so advised.
In view of the aforesaid, I do not find it a fit case to release the applicant on bail. The application is hereby dismissed.
(SMT. ANJULI PALO) JUDGE PB Digitally signed by PRADYUMNA BARVE Date: 2021.06.29 13:12:44 +05'30'