Madhya Pradesh High Court
Surendra Singh vs The State Of Madhya Pradesh on 11 December, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA
PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 33572 of 2023
BETWEEN:-
SURENDRA SINGH S/O VIJAY SINGH JATAV, AGED
ABOUT 28 YEARS, RESIDENT OF BIRAMPURA
HADWASI POLICE STATION BAGCHINI DISTRICT
MORENA (MADHYA PRADESH)
.....APPLICANT
(SHRI PRASHANT VERMA - ADVOCATE FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE STATION
BAGCHINI DISTRICT MORENA (MADHYA
PRADESH)
.....RESPONDENT
(SHRI NITIN GOYAL - LEARNED PANEL LAWYER FOR THE
RESPONDENT-STATE)
This application coming on for HEARING this day, th e court
passed the following:
ORDER
This third bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.387/2021 registered at Police Station Baagchini, District Morena (M.P.) for offence punishable under Sections 342, 147, 148, 149, 336, 294, 323 and 307 and added Section 325 of the Signature Not Verified Signed by: PRACHI MISHRA Signing time: 12-Dec-23 11:35:27 AM 2 IPC. The applicant is in judicial custody since 29/11/2022. First bail application was dismissed as withdrawn vide order dated 23/01/2023 passed in M.Cr.C. No. 2958/2023. Second interim bail application was granted vide order dated 12/05/2023 passed in M.Cr.C. No. 18103/2023 for a period of two months.
A s per the case of prosecution, Jagdish s/o Pyarelal submitted a written complaint on 28/12/2021 inter-alia alleging that on 22/12/2021 around 7.30 in the morning, his grand-son Prashant had gone to Jatavon Ka Pura at Veerampura to fetch milk. Accused Mohar Singh, Naresh and Purshottam abused him. Prashant narrated this incident to him. Therefore, he alongwith Lankesh went to Jatavon Ka Pura. Accused Mohar Singh, Naresh and Purshottam confined Lankesh in a room and assaulted him. He, Prashant and Lankesh somehow fled from Jatavon Ka Pura. After sometime, they came to know that Mohar Singh alongwith other villagers is going in tractor and trolley to lodge the report. Therefore, he alongwith his family members followed them. Around 9.00 am in the morning near village Birauli, they intercepted tractor of Mohar Singh. Purshottam and Kashiram started abusing them in filthy language. Thereafter, accused Purshottam, Naresh, Mohar Singh, Kashiram and Ramveer started assault by pelting bricks. Surendra Singh s/o Vijay Singh fired on Lankesh with country made gun of 12 bore, bullet of which hit on the right shoulder of Lankesh. Lankesh sustained injuries. Rishikesh also sustained injury of brick on his right hand. On arrival of the villagers on the spot from Barauli, all the accused fled away. On such allegations, Police Station Baagchini, District Morena registered FIR at Crime No. 387/2021 for offence Signature Not Verified Signed by: PRACHI MISHRA Signing time: 12-Dec-23 11:35:27 AM 3 punishable under Sections 342, 147, 148, 149, 336, 294, 323 and 307 and added Section 325 of the IPC. Medico-legal examination of Lankesh and Rishikesh was conducted and fracture of first meta-carpal of right palm of Rishikesh was found in x-ray examination and bullet injury was found at right shoulder of Lankesh. Applicant- Surendra was arrested on 29/11/2022, he is in custody ever since. On completion of investigation, final report was submitted on 08/02/2023.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant is falsely implicated in this matter. On the same day when he alongwith his family members was going to report the incident of fire and assault against Sanjay, Ashok and Lankesh, their tractor-trolly was intercepted by Lankesh, Krishna, Sanjay, Prashant, Saurabh, Amar Singh, Dharmendra, Rajesh and others. Lankesh fired on Purshottam. Purshottam sustained bullet injuries on his right thigh. Krishna fired on Kashiram. Kashiram sustained bullet injury on left elbow. Learned counsel further contends that on report of Mohar Singh, FIR at Crime No.384/2021 was registered immediately after the incident on 22/12/2021 itself against Lankesh, Krishna and others. As a counter blast to that FIR, applicant was falsely implicated in this matter after eight days. Learned counsel submits that applicant is in custody for last one year and one month. Trial is not progressing, as the witnesses are not appearing before the Trial court. No criminal antecedent is reported against the applicant. There is no likelihood of tampering with the evidence, as both the parties belong to some socio-economic status. Both the parties have Signature Not Verified Signed by: PRACHI MISHRA Signing time: 12-Dec-23 11:35:27 AM 4 lodged the FIR against each other. There is no likelihood of his absconsion leaving behind his family and property. Applicant has not misused the liberty of two months during interim bail. Jail incarceration is causing hardship to the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.
P e r contra, learned Counsel for the State opposes the bail application and submits that there is direct allegation of gun shot injury against the applicant. Therefore, he may not be extended benefit of bail.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that the applicant SURENDRA SINGH shall be released on bail in connection with Crime No.387/2021 registered at Police Station Baagchini, District Morena (M.P.) for offence punishable under Sections 342, 147, 148, 149, 336, 294, 323 and 307 and added Section 325 of the IPC, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :
1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;
2. The applicant shall not commit or get involved in any offence of similar nature;Signature Not Verified Signed by: PRACHI MISHRA Signing time: 12-Dec-23 11:35:27 AM 5
3. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;
4. The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
CC as per rules.
(SANJEEV S KALGAONKAR) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 12-Dec-23 11:35:27 AM