Madhya Pradesh High Court
Rahul Balmik vs The State Of Madhya Pradesh on 14 August, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-21180-2020
The High Court Of Madhya Pradesh
MCRC-21180-2020
(RAHUL BALMIK Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 14-08-2020
Heard through Video Conferencing.
Shri D.S. Dubey, counsel for the applicant.
Shri Ajay Tamrakar, Panel Lawyer for the respondent / State.
Heard with the aid of case diary.
This is first application filed under section 439 Cr.P.C. Applicant Rahul Balmik was arrested on 28.06.2019 in Crime No.629/2019 registered at Police Station T.T. Nagar, District Bhopal for the offence punishable under Section 307/34, 120-B of IPC and Section 25/27 of Arms Act.
As per the prosecution case, on 26.06.2019 complainant Mili Kinnar lodged a report that at 7:45 am when he along with Devi Singh Kinnar and Kajal Bambaiya was going towards Jawahar Chowk side from Devi Kinnar'™ s house by Amjad'™s auto, on the way when his auto was passing in front of house no.IA/7, three boys came there on a bike and one of them fired at him due to which he sustained a gunshot injury in his left shoulder. These boys again tried to fire at him, but the pistol did not fire. On that police registered Crime No.629/2019 for the offence punishable under Sections 307, 34 IPC and Section 25/27 of the Arms Act and investigated the matter. During the investigation, it was found that Kajal Bambaiya used to quarrel with Neetu Kinnar and Simmi Kinnar and also assaulted them. So, co- accused Simmi Kinnar and Neetu Kinnar in connivance with co-accused Saddam and Bharat Keswani made a plan to murder Mili Kinnar, Devi Singh Kinnar and Kajal Bambaiya and for that, they hired co-accused Pawan in Rs.10,00,000/-. Co-accused Pawan also included applicant Rahul and co- accused Naveen, Ajay Kanade, Deepak @ Nanka and Dinesh in this plan. On 26.06.2019 applicant Rahul and co-accused Naveen and Deepak @ Nanka followed Mili Kinnar and Kajal Bambaiya and co-accused Naveen @ Adarsh Signature Not Verified SAN fired at Kajal Bambaiya, but the bullet hit Mili Kinnar due to which he Digitally signed by ANURAG SONI Date: 2020.08.14 14:23:22 IST 2 MCRC-21180-2020 sustained an injury in his left shoulder.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. The statements of injured Mili Sharma (PW/1) and eyewitness of the incident Kajal Bambaiya (PW/2) and Devi Singh (PW/3) have been recorded by the trial Court. They did not support the prosecution story and turned hostile and did not depose anything against the applicant. Applicant has been in custody since 28.06.2019. The charge sheet has been filed and the conclusion of trial will take time, so applicant should be released on bail.
Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the offence in question. It is alleged that co-accused Simmi Kinnar, Bharat Keswani and Neetu Kinnar in connivance with co-accused Saddam made a plan to murder Mili Kinnar, Devi Singh Kinnar and Kajal Bambaiya and for that, they hired co-accused Pawan in Rs.10,00,000/-. Co-accused Pawan also included applicant Rahul and other co-accused persons in the plan and on the behest of co-accused Saddam, Simmi, Neetu Kinnar and Bharat Keswani, co- accused Naveen @ Adarsh fired at Mili Kinnar, due to which he sustained gunshoot injury in his shoulder, so applicant should not be released on bail.
Looking to the facts and circumstances of the case, the contention of the learned counsel for the applicant and the fact that the statements of injured Mili Sharma (PW/1) and eyewitness of the incident Kajal Bambaiya (PW/2) and Devi Singh (PW/3) have been recorded by the trial Court, the applicant is in custody since 28.06.2019 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this Signature Not Verified SAN behalf by the trial Court during the pendency of trial.
Digitally signed by ANURAG SONI Date: 2020.08.14 14:23:22 IST3 MCRC-21180-2020 This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE as Signature Not Verified SAN Digitally signed by ANURAG SONI Date: 2020.08.14 14:23:22 IST