Madhya Pradesh High Court
Bhuru @ Suraj Singh Gurjar vs The State Of Madhya Pradesh on 3 November, 2023
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 3 rd OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 21109 of 2023
BETWEEN:-
BHURU @ SURAJ SINGH GURJAR S/O PRAHLAD SINGH,
AGED ABOUT 28 YEARS, OCCUPATION:
AGRICULTURIST, R/O: VILLAGE DHUTKHEDA/
BHUTESHWAR P.S. PIPALRANWA DISTT. DEWAS
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI VIVEK SINGH - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION PIPALRANWA,
DISTT. DEWAS (MADHYA PRADESH)
.....RESPONDENT
(BY MS. GEETANJALI CHAURASIA - GOVERNMENT ADVOCATE
BY SHRI AVI JAIN - ADVOCATE FOR THE OBJECTOR)
MISC. CRIMINAL CASE No. 20209 of 2023
BETWEEN:-
RUGNATH S/O SHANKARLAL, AGED ABOUT 53 YEARS,
OCCUPATION: AGRICULTURE, R/O: BHUTESHWAR
TEHSIL PIPLRANWA, DEWAS (MADHYA PRADESH)
.....APPLICANT
(BY MS. SHARMILA SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION PIPALRANWA
DIST. DEWAS (MADHYA PRADESH)
.....RESPONDENT
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 04-11-2023
12:18:02
2
(BY MS. GEETANJALI CHAURASIA - GOVERNMENT ADVOCATE
BY SHRI AVI JAIN - ADVOCATE FOR THE OBJECTOR)
MISC. CRIMINAL CASE No. 21548 of 2023
BETWEEN:-
KARAN SINGH S/O TOLARAM, AGED ABOUT 33 YEARS,
OCCUPATION: AGRICULTURIST, R / O : GRAM
DHUTKHEDA (BHUTESHWAR) THANA PIPALRANWA
DISTRICT DEWAS (MADHYA PRADESH)
.....APPLICANT
(BY SHRI JEEVAN SINGH GURJAR - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION PIPALRANWA
DISTRICT DEWAS (MADHYA PRADESH)
.....RESPONDENT
(BY MS. GEETANJALI CHAURASIA - GOVERNMENT ADVOCATE
BY SHRI AVI JAIN - ADVOCATE FOR THE OBJECTOR)
These applications coming on for admission this day, the court passed
the following:
ORDER
01. Since these applications arise out of the same crime number and are related to the same offence, they have been heard together and are being decided by a common order.
02. This is second application of the applicant Bhuru and first applications of applicants Rugnath and Karan under Section 439 of Criminal Procedure Code, 1973. The applicants are implicated in connection with Crime No.275/2022 registered at Police Station Pipalranwa, District Dewas (MP) for offence punishable under Sections 307, 147, 148, 149, 323, 294, 506, 427, 336, 302 & 325 of the IPC. The applicants are in custody since 01.08.2022 and 22.07.2022 respectively.
Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 04-11-2023 12:18:02 303. First application of the applicant Bhuru bearing M.Cr.C. No.56755/2022 was dismissed as withdrawn vide order dated 14.12.2022.
04. As per the prosecution on 21.07.2022, complainant Devpuri lodged a report to the effect that he along with Madanpuri, Kanhaiya and Rakesh was at Bhuteshear Mahadev Temple. At that time certain cattle belonging to Baje Singh Gurjar and Hari Singh Gurjar entered the temple on which they were asked to take them back. Baje Singh and Hari Singh started abusing Madan Puri and thereafter called the other co-accused who all came armed with axe and sticks and some were empty handed. All of them with an intention to kill Madan Puri assaulted him with axe and sticks. At that time, Hariom, Jitendra, Kanhaiya, Rakesh and Sajjan bai came and they were also assaulted by accused persons. After beating Madan Puri and others the accused left. It was then seen that all of them have suffered injuries. They were then taken to the hospital. On lodging of t h e report, investigation was commenced after which it was informed that Madan Puri has expired. During investigation statements of various witnesses were recorded and eventually the accused including the applicants have been implicated and arrested for the present offence.
05. Learned counsel for the applicants submit that the applicants are innocent and have falsely been implicated in the case. No specific overt act has been attributed to them. None of the witnesses examined before the trial Court have stated that the applicants were armed with any weapon or they assaulted any of the injured or the deceased in any manner. As per the allegations themselves certain persons came empty handed and since none of them have been named, it has to be assumed that the applicants were empty handed. No specific role has been attributed to the applicants and the only allegation against Signature Not Verified them is of accompanying the other co- accused. There are about twenty five Signed by: SHILPA NAGDEVE Signing time: 04-11-2023 12:18:02 4 accused and only one deceased and the other four injured have not suffered any grievous injuries but have suffered simple injuries. The applicants were not even alleged to have been at the spot at the time of the initial quarrel but are stated to have arrived later at the behest of other co-accused. It hence cannot be said that they had any common intention along with the other co-accused of causing any injury. It is further submitted that investigation has been completed and further custodial interrogation of applicants is no longer required. On such grounds, prayer for grant of bail to the applicants has been made.
06. The aforesaid prayer has been opposed by learned counsel for the respondent/State as well as learned counsel for the objector submitting that in view of the allegations levelled against the applicants, they are not entitled to be released on bail.
07. I have heard learned counsel for the parties and have perused the case diary.
08. The allegation against the applicants is of coming to the scene of incident on having been called by co-accused Hari Singh and Baje Singh Gurjar. A wooden stick has been recovered from the applicants hence it cannot be presumed at this stage that they were unarmed. They arrived at the scene of incident on having been called by co-accused hence it appears that their intention since the beginning was to cause injury and they had common intention along with the other co-accused. The witnesses examined before the trial Court have specifically narrated about the presence of the applicants at the spot and they having arrived over there after having been called by co-accused Hari Singh and Baje Singh Gurjar. They have actively participated in the incident as the other witnesses who have not been examined before the trial Court, whose Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 04-11-2023 12:18:02 5 statements under Section 161 of the Cr.P.C. have been recorded have stated that applicants had also assaulted the other injured witnesses. The active participation of the applicants in the entire incident prima facie appears to be present. One person has died and four persons have received numerous injuries on account of the common act of all the accused all of whom would hence be liable for the acts of each of the accused as prima facie it appears to be a case of an unlawful assembly which has acted in furtherance of its common intention.
09. Thus merely because there is no statement as regards the actual assault by the applicants, it would not make any difference. In view of the seriousness of the offence and the material collected against the applicants so far, I do not find it to be a fit case for grant of bail to the applicants. The applications being devoid of merit are hereby dismissed.
(PRANAY VERMA) JUDGE Shilpa Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 04-11-2023 12:18:02