Madhya Pradesh High Court
Noushad vs The State Of Madhya Pradesh on 28 March, 2018
HIGH COURT OF MADHYA PRADESH :INDORE BENCH
M.Cr.C. No.9944/2018
(Noushad v. State of M.P.)
Indore dated 28.03.2018
Shri Zameer Ahmed, learned counsel for the applicant.
Shri Suraj Sharma, learned Public Prosecutor for the non-
applicant/State.
Heard. Case diary perused.
This is repeat application under section 439 of Cr.P.C. for
grant of bail filed by applicant - Noushad.
His first application was dismissed on merit vide order
dated 5/02/2018, passed in M.Cr.C. No.28105/2017 which
reads as under :-
Heard. Perused the case-diary.
2. Applicants--Naushad and Sanju @
Sanjay Mali are implicated in Crime No.155 of
2016, registered at Police Station--Kishanganj,
Mhow District--Indore for the offence
punishable under Sections 301, 302, 307, 120-
B, 420, 467 and 471 of IPC. They are in custody
since 04.06.2016.
3. First application of co-accused--
Omprakash Thakur was dismissed on merit
vide order dated 18.7.2017 which reads as
under:-
"Heard. Perused the case diary.
This first application under Section 439
of the Cr.P.C. for grant of bail has been filed by
the applicant - Omprakash S/o Devisingh
Thakur, who is implicated in Crime
No.155/2016 registered at Police Station
Kishanganj, Indore for the offence punishable
under Sections 279, 337, 304-A, 302, 307, 120-
B, 420, 467 and 468 of the IPC and is in
custody since 04.06.2016.
2. As per case diary, on 29.03.2016 at
about 1.00 PM, Jai Singh along with his son
Vivek was travelling in Verna car bearing
Registration No.MP 09 CH 3767 and was going
towards Tehsil Mhow and when they reached
between Manpur and Mhow suddenly a
dumper bearing registration No.MP 09 GE
HIGH COURT OF MADHYA PRADESH :INDORE BENCH
M.Cr.C. No.9944/2018
(Noushad v. State of M.P.)
3412 coming from opposite direction as well as
on wrong side of road, collided with the Verna
car of Jai Singh. Behind that there were two
motorcycles bearing registration Nos.MP 09
NN 4043 and MP 09 CN 3767 also collided in
this incident. As a result of which, Jai Singh
and his son Vivek were seriously injured,
however, dumper truck had also dashed hard
into two motor bikes which were ridden by
other two persons. After the said incident, Jai
Singh Thakur, his son Vivek and the persons
travelling by motorcycle namely Sukhlal,
Suleman Khan, Sunil S/o Bhagirath and Zakir
Khan were hospitalised. During treatment on
29.03.2016 i.e., on the same day injured
Suleman and Sunil died. Sukhlal and Zakir
Khan were injured. On the basis of the report
lodged by Nanuram, eyewitness of the incident
at Police Station Kishanganj vide Crime
No.155/2016, offence under Sections 279, 337
and 304A of IPC were registered against the
driver of the dumper Ramsingh Bhil. One
Mobile Nokia Company in which SIM
No.8959439538 of Idea Company has been
recovered from the spot.
3. On 31.03.2016, Bane Singh Thakur,
brother of Jai Singh filed an application to
Additional S.P. Mhow stating therein that this
incident was a criminal conspiracy which was
pre-planned by co-accused Mangilal who was
in Sub Jail Mhow along with other co-accused
persons namely, Mangilal Thakur, his cousin
brother Rajendra Singh, Sanju S/o Brijlal,
applicant - Omprakash Thakur and Naushad.
On 03.04.2016, Additional SP Mhow directed
TI Manpur for detailed investigation in the
matter. The Investigating Officer traced the call
details of dialled numbers from the seized
mobile recovered from the dumper truck
wherein the dialled numbers from the seized
mobile were found to be of Rajendra and Sanju.
Thereafter, the police interrogated the owner of
the dumper truck i.e. Sanju @ Sanjay S/o
Brijlal and came to know that on 19.01.2016
Rajendra had met Mangilal at Mhow Sub Jail,
who is an under trial prisoner in Advocate
HIGH COURT OF MADHYA PRADESH :INDORE BENCH
M.Cr.C. No.9944/2018
(Noushad v. State of M.P.)
Yogesh Garg's murder case. Under the
directions of Mangilal, Rajendra planned the
murder of Jai Singh and then Rajendra
contacted Sanju @ Sanjay S/o Brijlal,
Omprakash and a bus driver i.e., Nausad to
execute the murder conspiracy. Thereafter, in
order to execute the murder conspiracy of Jai
Singh, Sanju @ Sanjay S/o Brijlal purchased a
second hand dumper truck worth
Rs.5,80,000/- and later on, the ownership was
also transferred under his name. Then Sanju @
Sanjay S/o Brijlal and Naushad paid cash to the
applicant to drive the dumper truck to murder
Jai Singh and involved him in the murder
conspiracy. The police had recovered mobile
phone and numbers from Rajendra, Sanju @
Sanjay S/o Brijlal, Omprakash and Naushad
wherein they were constantly keeping an eye
on Jai Singh to execute the murder and later on
it was found that these mobile numbers were
obtained fraudulently and by making forged
document which was done by co-accused
Lokesh Solanki.
4. Learned Senior Counsel for the
applicant has submitted that as per 161
statement of eyewitness Nanuram, who had
lodged the FIR and 161 of Jai Singh (injured),
the present applicant was not driving the
dumper truck. Later on, the prosecution story
was changed and as per written complaint
lodged by Bane Singh Thakur, brother of
injured Jai Singh Thakur on 01.04.2016, Sanju
@ Sanjay S/o Brijlal was driving the dumper
truck. He submitted that on the basis of
memorandum of co-accused Rajendra and
Naushad, the present applicant has been
implicated in the alleged offence whereas it is a
case of simple accident. There is no legal and
admissible evidence against the applicant.
5. This Court vide order dated 12.04.2017
passed in M.Cr.C. No.12254/2016 allowed the
application for grant of bail of Ramsingh Bhil.
6. Learned Senior Counsel has submitted
that no named FIR has been lodged against the
applicant. In written complaint dated
19.04.2016, no allegation has been made
HIGH COURT OF MADHYA PRADESH :INDORE BENCH
M.Cr.C. No.9944/2018
(Noushad v. State of M.P.)
against the applicant and in 161 statement of
Bane Singh also, no allegation has been made
against the applicant. On 05.06.2016,
memorandum of Naushad and present
applicant under Section 27 of the Evidence Act
was recorded and, thereafter, Bane Singh in his
164 statement, which was recorded by the
Judicial Magistrate on 08.06.2016 has stated
that he saw that Xylo was driven by the present
applicant.
7. Learned Senior Counsel has also
submitted that there is no legal and admissible
evidence against the present applicant nor he
committed any offence and it is a case of false
implication and prays for grant of bail.
8. On the other hand, learned Public
Prosecutor has opposed the prayer and has
drawn my attention to the reply filed by the
Investigating Officer on 07.07.2017 and
submits that reiki has been made by the
present applicant.
9. As per case diary, co-accused Rajendra
had a constant eye on the location of the
complainant's brother (Jai Singh) and also was
in touch with the applicant through mobile
phone. Applicant then gave location updates of
Jai Singh to the co-accused Naushad who was
with the dumper driver while he was driving.
The main conspirator is accused Mangilal.
Record of telephonic conversations shows that
applicant and other co-accused persons were in
touch with each other, soon before and
immediately after occurrence. There is prima-
facie material regarding involvement of
applicant in conspiracy to commit crime.
10. Considering the aforesaid, no case for
grant of bail, as prayed is made out. M.Cr.C.
No.4830/2017 is accordingly, dismissed."
4. Learned Senior Counsel for the
applicants has submitted that no named FIR
has been lodged against the present applicants.
On the basis of application filed by Bane Singh,
brother of injured Jai Singh on 31.3.2016, the
present applicants have been implicated in the
alleged offence. The allegation against them
HIGH COURT OF MADHYA PRADESH :INDORE BENCH
M.Cr.C. No.9944/2018
(Noushad v. State of M.P.)
that at the time of occurrence applicant No.1--
Naushad was sitting with Sanju @ Sanjay Mali,
who was driving the Dumper bearing
registration No.MP-09-GE-3412.
5. As per challan which is at page 36, the
vehicle was driven by one Ram Singh, whose
application for grant of bail has been allowed.
He has further drawn my attention to the
order-sheets of the learned Trial Court and
submitted that there is a delay in recording the
statements of witnesses and learned Trial Court
has not taken any positive steps to record the
statements of all the material prosecution
witnesses. He has further drawn my attention
to the Court statement of Una Bai and Heera
Singh and submitted that they have not
supported the case of the prosecution and
except their evidence there is no material
against them and prays for grant of bail.
6. Learned Public Prosecutor as well as
learned Counsel for the objector opposed the
prayer and prays for rejection of the
application.
7. On due consideration of the material
evidence available in the case-diary so also the
order dated 18.7.2017 passed in the case of co-
accused--Omprakash Thakur and the fact that
applicant No.2 was driving the dumper and
applicant No.1 was sitting in the dumber, no
case for grant of bail, as prayed is made out.
8. M.Cr.C. No.28105 of 2017 has no merit
and is, accordingly, dismissed.
In view of the aforesaid, there is no change in the
circumstances to consider this repeat bail application.
M.Cr.C. No.9944/2018 is, accordingly, dismissed.
(P.K. Jaiswal)
Judge
pn/
Preetha Nair
2018.03.3115:02:15 +05'30' HIGH COURT OF MADHYA PRADESH :INDORE BENCH M.Cr.C. No.9944/2018 (Noushad v. State of M.P.)