Madhya Pradesh High Court
Halle Bhai @ Khemraj vs The State Of Madhya Pradesh on 18 December, 2015
MCRC-17391-2015
(HALLE BHAI @ KHEMRAJ Vs THE STATE OF MADHYA PRADESH)
18-12-2015
Shri Aseem Dixit, learned counsel for the applicants for Halle Bhaiya @
Khemraj and Ganesh who have filed M.Cr.C. No.17391/2015 .
Shri Ashish Tiwari, learned counsel for the applicant Manoj who has filed
M.Cr.C. No.20235/2015.
Shri Pradeep Gupta, learned Panel lawyer for the respondent/State.
All the three applicants have filed first time bail applications under Section 439 of the Cr.P.C. in connection with Sessions Trial No.378/15, pending on the file of Third Additional Sessions Judge, Sagar. Hence, their bail applications are being decided by this common order. Vide I.A. No. 24154/2015, applicants Halle Bhaiya @ Khemraj and Ganesh and vide I.A. No.23551/2015 applicant Manoj, have filed additional documents in support of their bail applications. The documents are depositions of the prosecution witnesses recorded by the aforesaid Court. Considering the relevancy of the documents, they are taken on record.
The aforesaid Sessions-case has arisen out of Crime No.109/2015, registered at Police Station Surkhi District Sagar against them and co- accused Jitendra, Hareram, Indraj, Jhalkan, Janak son of Durga and Rajesh for the offences punishable under Sections 302, 307, 147, 148, 149, 336, 294, 506, 323 of the I.P.C. and 25 and 27 of the Arms Act, 1959.
As per prosecution, on 25.6.2015 at about 10:30 a.m. in village Chitora in front of the house of one Delan Lodhi stones were being pelted. Seeing that, informant/complainant Brajendra Kumar, his servant Santosh Lodhi and village Kotwar Santram came out of the house of the informant. They saw all the three applicants namely Halle Bhaiya @ Khemraj, Ganesh and Manoj and co-accused Jitendra with country made firearms, co-accused Hareram and Indraj with tabbals (sharp edged weapon) and the remaining co-accused persons with lathies. They were shouting filthy abuses at the informant saying that he was responsible for their defeat in the local election. In the meantime, Sudama Prasad Raiakwar, Kallu Raiakwar and Sonu @ Nilesh Raiakwar also arrived at the place of occurrence. Upon the exhortation of applicant Halle Bhaiya @ Khemraj, applicants Ganesh, Manoj and co-accused Jitendra fired gun shots and co-accused Janak, Indraj, Hareram and Jhalkan pelted stones on them. Santosh succumbed to gunshot injuries in the course of treatment and Hukum Singh, Santram, Raju @ Rajendra and informant Brajendra sustained gun shot injuries.
Learned counsel for the applicants submits that applicants Halle Bhaiya @ Khemraj and Ganesh have been in custody since 15.7.2015, whereas learned counsel for the applicant Manoj submits that he has been in custody since 14.7.2015. They further submit that informant Brajesh (PW1) and injured Neelesh (PW2), Rajendra (PW3), Santram (PW6), Kallu (PW7), eyewitnesses namely Hukum (PW5), Sudama (PW10) and Jaswant (PW4), Delan Singh (PW8), Munna Lal (PW9), Sevak (PW11) and Mahendra (PW12), who are witnesses of seizer memos of weapons, have been declared hostile by the prosecution. They further submit that the prosecution have done gruelling cross-examinations of the injured and the eye-witnesses after declaring them hostile. However, nothing adverse has come out in their evidence, on the other hand, they have stated that a mob of 100 to 150 persons had been indulged in the crime. They further submit that this Court has granted regular bail to co- accused namely Janka, Jhalkan and the trial Court has granted regular bail to co-accused namely Hareram, Jitendra and Indraj. They further submit that all the three applicants are permanent residents of village Chitora, that they are agriculturist by occupation and that they do not have any criminal antecedents. Upon these submissions, learned counsel prays for grant of bail to them.
Learned Panel Lawyer opposes the prayer.
On due consideration of the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel and upon perusal of the certified copies of the depositions of the aforesaid witnesses, but without commenting on merits of the case, I am of the opinion that it is a fit case for grant of bail to the applicants. Hence, their applications are allowed. It is ordered that applicants Halle Bhaiya @ Khemraj, Ganesh and Manoj be released on bail on their furnishing âÂÂeachâ a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousands only) with one solvent surety of the same amount to the satisfaction of the trial court for their appearance on all such dates as may be fixed by it in this regard. They shall abide by the conditions enumerated in Section 437(3) of the Cr.P.C. In case of bail jump, the trial Court will have power to cancel the applicants' bail.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE