Madhya Pradesh High Court
Rajkumar vs The State Of Madhya Pradesh on 25 November, 2019
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-48551-2019
The High Court Of Madhya Pradesh
MCRC-48551-2019
(RAJKUMAR Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 25-11-2019
Shri Sharad Verma, learned counsel for the applicant.
Ms. Anjana Kurariya, learned G.A. for the respondent/State.
Shri Vikash Chouksay, learned counsel for the objector. This is second bail application filed on behalf of the applicant under Section 439 of the Cr.P.C. Earlier bail application was dismissed on merit vide order dated 04.11.2019.
Learned counsel for the applicant/accused submits that statements of star witnesses Savita Lodhi (PW-1), Vidhha Sagar (PW-2), Vikas Sagar (PW-
3), Mahesh Kashyap (PW-4) and Raju Ahirwar (PW-5) were recorded by the trial Court. These witnesses did not support the case of prosecution. Therefore, he has filed second bail application.
The applicant is in custody since 14.07.2019 in connection with Crime No.404/2019, registered at Police Station Damoh Dehat District Damoh (MP), for the offences punishable under Sections 302/34 of the IPC.
As per prosecution case in short is that on the basis of Dehati Nalishi, FIR has been registered by the police. According to FIR, deceased-Waheed Khan was the husband of complainant/informant and deceased was truck driver. Since one month, he was driving the vehicle of Sandeep Yadav-co- accused. On 21.06.2019, in the morning, deceased went towards the Sagar from Damoh. On 24.06.2019, deceased was communicated with the complainant, at that time he said that due to not getting the load, co-accused Sandeep Yadav is not happy with him and he is saying that he would look him at Sagar. On 25.06.2019, when the complainant made a phone call to accused-Vijay Yadav, he stated that her husband did not come since last four days and he was showing his cleverness. On 25.06.2019, in the night, Sandeep Yadav, Vijay Yadav and present applicant brought her husband in 2 MCRC-48551-2019 Bolero Jeep to her house. At that time she saw the injuries on the body her husband. On asking, deceased/husband stated that on 25.06.2019 the accused person had beaten him with wooden stick and kick and fist. In the night at about 1:00am, health of deceased started deteriorating then she informed the person of locality and taken him to hospital where he was declared died.
Learned counsel for the applicant submits that applicant is innocent persons and has falsely been implicated in this case. Doctor was opined that the injuries are found on the body of deceased are simple in nature and the cause of death of deceased is found cardio respiratory failure. He further submits that offence under Section 302 of IPC is not made out against the applicant because deceased did not die due to said injuries. Applicant has been made an accused on the basis of suspicion. There are no direct or indirect evidence available on record against him. Applicant has no criminal back ground and trial will take time for final disposal. Evidence of witnesses Savita Lodhi (PW-1), Vidhha Sagar (PW-2), Vikas Sagar (PW-3), Mahesh Kashyap (PW-4) and Raju Ahirwar (PW-5) were recorded by the trial Court and these witnesses did not support the case of prosecution. He further submits that there is no possibility of his absconding and tampering the evidence of prosecution. With the aforesaid, he prays for allowing the bail application.
Learned G.A. for the respondent/State opposes the said bail application.
Considering the contention of both the parties and looking to the evidence of main witnesses namely Savita Lodhi (PW-1), Vidhha Sagar (PW-
2), Vikas Sagar (PW-3), Mahesh Kashyap (PW-4) and Raju Ahirwar (PW-5), they did not support the case of prosecution and declared hostile by the prosecution,but these witnesses did not alleged any fact against the applicant. Therefore, I am of the opinion that the applicant is entitled to grant bail under Section 439 of Cr.P.C. Consequently, without commenting on merits of the 3 MCRC-48551-2019 case, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicants is allowed.
It is directed that the applicant-Rajkumar will be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the same like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of Cr.P.C.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2019.11.29 16:05:21 +05'30'