Madhya Pradesh High Court
Neeraj Sonker @ Baba @ Raja Sonker vs The State Of Madhya Pradesh on 27 August, 2018
1 MCRC-33751-2018
The High Court Of Madhya Pradesh
MCRC-33751-2018
(NEERAJ SONKER @ BABA @ RAJA SONKER Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 27-08-2018
Shri Sunil Kumar Pandey, counsel for the applicant.
Shri A.N.Gupta, Government Advocate, for the respondent/State.
Arguments heard upon the second application filed on 20.8.2018 under section 439 of CrPC for grant of bail on behalf of applicant Neeraj Sonkar alias Baba alias Raja Sonkar.
The first application for grant of bail filed by the applicant vide M.Cr.C.No.24954/2018 was dismissed as withdrawn on 16.7.2018 with the liberty to file application before the Sessions Court or the High Court, after filing the challan. Thereafter when the challan was filed the applicant filed an application before the Sessions Court, which has been dismissed by the First Additional Sessions Judge, Jabalpur on 26.7.2018.
Case diary of Crime No.128/2018, registered at Police Station Gora Bazar, Jabalpur, District Jabalpur, under sections 147, 148, 149, 294, 324, 427, 506, 307 of IPC and sections 25, 27 of Arms Act, also perused.
It is submitted by the counsel for applicant that applicant has been arrested on 10.7.2018. Challan has been filed. No recovery has been made from the applicant. No identification parade has been conducted. Therefore, the applicant should be enlarged on bail.
On the other side, the counsel for State strongly opposed the application. It is submitted that looking to the act done by the accused persons, all are equally liable. Therefore, the bail should not be granted.
It appears from the case diary that complainant Vikas alis Sandeep is working at the barrier of Cantonment area near Empire Talkies, Jabalpur. On 13.5.2018 he was on his duty from 8:00 p.m. to 8:00 a.m. Jittu Yadav and Jai Shrivas were also working with the complainant. During the intervening night of 14.5.2018 and 15.5.2018 at about 1:30, 15-20 boys reached there upon 6- 7 motorcycles; out of them 10 to 12 persons entered in the Naka and abused the complainant. Some persons caught the complainant and one person attacked on him by the knife. At the outside of the barrier, the fire was also taken place. The accused persons broke 2 chairs and 1 table and caused the wrongful loss.
As per medical report of complainant Vikas, 12 incised wounds were 2 MCRC-33751-2018 found on his person. 3 empty cartridges were also seized from the spot on 14.5.2018. The police examined the various witnesses and established the identity of persons, who were involved in the crime. The accused/applicant Neeraj alias Baba was also included in the offenders. Only 8 accused have been arrested including the applicant. Challan has been filed but 10 accused are still absconding. It is also found that the accused persons are the members of Chhotu Choubey Kachnar City Gang.
As per previous record, another Crime No.203/2017 was registered against the applicant under sections 294, 506, 323 and 324/34 of IPC. Second Crime No.512/2013 under the Gambling Act was also registered against the applicant. It is also stated in the challan that the accused persons committed another offence on the same date and the Crime No.326/2018 under sections 147, 148, 149, 294 and 307 of IPC has also been registered.
Looking to the aforesaid all documents and the evidence collected, it appears that the applicant is a member of organized gang of criminals. He is also having criminal record. All the accused have committed the present offence and caused 12 incised wounds to the complainant. All offenders are equally liable.
Therefore, the applicant is not entitled to get the bail. Hence, his application for grant of bail is dismissed.
(B. K. SHRIVASTAVA) JUDGE Digitally signed by TRUPTI GUNJAL Date: 2018.08.27 05:59:00 -07'00'