Madhya Pradesh High Court
Suresh Chandra Choudhary vs The State Of Madhya Pradesh on 30 July, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-30255-2021
The High Court Of Madhya Pradesh
MCRC-30255-2021
(SURESH CHANDRA CHOUDHARY Vs THE STATE OF MADHYA PRADESH)
5
Jabalpur, Dated : 30-07-2021
Heard through Video Conferencing.
Shri Anil Lala, Advocate for the applicant.
Shri Sanjay Kumar Malvi, P.L. for the respondent-State.
This is first bail application filed by the applicant under Section 438 of the Cr.P.C.
T h e applicant is apprehending his arrest in connection with Crime No.169/2021 registered at Police Station-Piplod, Distt.-Khandwa, M.P. for the offence punishable under Section 304-A, 34 of IPC and Section 3/4 of Explosives Substance Act.
A s per prosecution the construction of one dam was going on at Gram Semalya. The complainant-Smt. Mathura Bai alongwith her husband and two children was going for labour work at the site. They were residing nearby the dam in temporary shed. On dated 06.06.2021, a blast has been done under the Supervision of co-accused Ashok Barfa and other person. A stone weighing about 10-50 Kgms by flying in the air dropped on iron sheet of temporary shed due to which complainant Mathura Bai got injured and her daughter had died. The allegation against the present applicant is that the work of drilling and blasting over the site was awarded to M/s Choudhary Brothers Proprietor Ship firm of which the present applicant is the Proprietor. FIR was lodged.
Learned counsel for the petitioner submits that the applicant is innocent and have been falsely implicated in the case. M/s Laxmi Infracon was constructing irrigation dam under Bham Medium Irrigation Project. M/s Laxmi Irrigation applied to Collector Khandwa seeking permission to resort to blasting for excavating hard rocks while constructing Irrigation Dam vide Signature Not Verified SAN application dated 14.10.2019. The Collector, Khandwa granted "Blasting Digitally signed by PALLAVI SINHA Date: 2021.08.02 17:26:21 IST 2 MCRC-30255-2021 permission to "M/s Satya Laxmin Infracon" issued work order dated 27.09.2020 for drilling and blasting at the dam site to Rajesh Choudhary of M/s Choudhary Brothers Guddi Road, Singot. M/s Choudhary Brothers is holding valid license of Road Van for the carriage of Explosives and License to possess and use explosives. The blasting the was carried out by the Licensee lawfully after obtaining due permission. Blasting was carried out by one Badrilal, who was holding valid "Shot Firer" license. Applicant is not Proprietor of M/s Shankarlal. M/s Laxmi Infracon did not issue any work order for him to blasting for excavating hard rocks, so applicant-accused has no role in this incident, applicant-accused did not cause death of any person by doing any rash and negligent act. So, applicant is not responsible in any manner. At the time of incident, applicant-accused was not present. He is not named in FIR. Applicant is made an accused on the statement of co-accused. No other material is available on the record against the applicant-accused. So, no case is made out against him for the offence punishable under Section 304-A, 3/4 of Explosives Substance Act. Investigation is complete. No further custodial interrogation is required in this case. There is no probability of his absconding or tampering with the evidence of the prosecution. It is the time of COVID-19 due to which trial will take time to conclude. On these grounds, learned counsel for the petitioner prays for grant of anticipatory bail to the petitioner.
Per-contra, learned P.L. for respondent/State opposes the bail application.
Having both the parties, on perusal of the case diary, looking to the circumstances of the case and the facts that there is no material available on the record on which primafacie it can be said that applicant-accused is responsible person, M/s Laxmi Infracon was constructing irrigation dam under Bham Medium Irrigation Project. M/s Laxmi Irrigation applied to Collector Khandwa seeking permission to resort to blasting for excavating hard rocks while constructing Irrigation Dam vide application dated Signature Not Verified SAN Digitally signed by PALLAVI SINHA Date: 2021.08.02 17:26:21 IST 3 MCRC-30255-2021 14.10.2019. The Collector, Khandwa granted "Blasting permission to "M/s Satya Laxmin Infracon" issued work order dated 27.09.2020 for drilling and blasting at the dam site to Rajesh Choudhary of M/s Choudhary Brothers Guddi Road, Singot. M/s Choudhary Brothers is holding valid license of Road Van for the carriage of Explosives and License to possess and use explosives. The blasting the was carried out by the Licensee lawfully after obtaining due permission. Blasting was carried out by one Badrilal, who was holding valid "Shot Firer" license. Applicant is not Proprietor of M/s Shankarlal. M/s Laxmi Infracon did not issue any work order for him to blasting for excavating hard rocks, applicant has no previous criminal antecedent, custodial interrogation is not required in this case, at the time of incident, applicant-accused was not present at the spot, there is no probability of his absconding or tampering with the evidence of the prosecution witnesses, it is time of COVID-19 due to which trial will take time to conclude, but without expressing any opinion on merits of the case, this Court is of the view that it would be appropriate to enlarge the petitioner on anticipatory bail.
Consequently, the application under Section 438 of Cr.P.C. is hereby allowed.
It is directed that applicant-Suresh Choudhary will surrender himself before Investigating Officer within ten days' from the date of receipt of certified copy of this order and then in the event of arrest, he be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority.
The petitioner shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) Signature Not Verified SAN Digitally signed by PALLAVI SINHA Date: 2021.08.02 17:26:21 IST 4 MCRC-30255-2021 JUDGE Pallavi Signature Not Verified SAN Digitally signed by PALLAVI SINHA Date: 2021.08.02 17:26:21 IST