Madhya Pradesh High Court
Hausilal Yadav vs The State Of Madhya Pradesh on 6 July, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 6 th OF JULY, 2023
MISC. CRIMINAL CASE No. 25234 of 2023
BETWEEN:-
HAUSILAL YADAV S/O RAJA RAM YADAV, AGED ABOUT
39 YEARS, OCCUPATION: AGRICULTURIST R/O
VILLAGE BILJAPUR P.S. MANDI, DISTRICT KHANDWA
M.P. (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SAMAR SINGH RAJPOOT - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
MUNDI DISTRICT KHANDWA (MADHYA PRADESH)
.....RESPONDENT
(BY MS. PRIYANKA JAIN - PANEL LAWYER)
MISC. CRIMINAL CASE No. 6085 of 2023
BETWEEN:-
1. BHAGWANDAS S/O SHRI CHINTARAM YADAV,
AGED ABOUT 33 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE BIJAPUR P.S
MUNDI (MADHYA PRADESH)
2. VISHAL S/O BHAIYALAL YADAV, AGED ABOUT 28
Y E A R S , OCCUPATION: AGRICULTURIST R/O
VILLAGE BIJAPUR P.S. MUNDI DISTRICT
KHANDWA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI NEETU PRAJAPATI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S
MUNDI DISTRICT KHANDWA (MADHYA PRADESH)
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 7/7/2023
10:12:30 AM
2
.....RESPONDENT
(BY MS. PRIYANKA JAIN - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
These are the first and second bail applications respectively filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.474/2022, dated 29.10.2022, registered at Police Station - Mundi District -Khandwa (M.P.) for the offence under Sections 302, 323,294, 34 and 325 of IPC. Applicant Hausilal is in detention since 01.12.2022 while applicant Bhagwands and Vishal are in detention since 30.10.2022.
The first bail application filed by applicant Hausilal Yadav was dismissed as withdrawn and not pressed vide order dated 07.02.2023 passed in M.Cr.C.No.61852/2022.
2. As per the prosecution story, on 29.10.2022 Gopal alongwith his deceased son Rameshwar was ploughing his field. At around 2 P.M, Bhagwandas Yadav, Hausilal and Vishal came there alongwith Tractor and started to plough the field. When Rameshwar told them that this land belongs to them and why they are ploughing it, at this, they started abusing them and they all gave wood stick blows on the back of head of Rameshwar. Rameshwar sustained fatal injuries in his head and died on the spot. All accused persons also assaulted Gopal, he also sustained injuries on his mouth, hand and leg. Incident was witnessed by Shobharam Gawli and Bhana Yadav. After investigation charge sheet has been filed.
3 . Learned counsel for the applicants have submitted that applicants have not committed any offence. They are innocent. They have been falsely Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/7/2023 10:12:30 AM 3 implicated. It is contended that Rameshwar had sustained injuries on his head as he had fallen on the stones. Applicants had not caused any injuries to him. It is further contended that injured Gopal and three other witnesses have already been examined before the trial court and they have not supported the prosecution story. It is submitted that injured witness himself has deposed that Rameshwar had sustained injuries on his head as he had fallen down on the stones lying in the field. Trial of the case will take considerable time. Therefore, it is prayed that applicants may be released on bail pending the trial.
4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicants.
5. In this case, after investigation, charge sheet has been filed. Injured and other witnesses have not supported the prosecution story. They have clearly deposed that deceased had fallen down on the stone and accused persons had not caused any injuries on his person. Therefore, having taken into consideration the aforesaid material on record and other facts and circumstances of the case but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre trial detention of the applicants is not warranted. Consequently, this first bail application filed on behalf of applicants Bhagwandas and Vishal and second bail application of applicant Hausilal Yadav under Section 439 of the Code of Criminal Procedure for grant of bail, stands allowed.
6 . It is directed that applicants - Hausilal Yadav, Bhagwandas and Vishal be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/7/2023 10:12:30 AM 4 remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
7 . This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 7/7/2023 10:12:30 AM