Madhya Pradesh High Court
Nikhil Yadav vs The State Of Madhya Pradesh on 27 October, 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 27 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 46852 of 2023
BETWEEN:-
1. NIKHIL YADAV S/O RAGHUVENDRA YADAV,
AGED ABOUT 19 YEARS, OCCUPATION: LABOUR
R/O WARD NO 12, LAXMI NAGR NEAR THANA P.S.
KHITOLA DISTRICT JABALPUR (MADHYA
PRADESH)
2. KANHA S/O CHAINURAM YADAV, AGED ABOUT 19
YE A R S , OCCUPATION: LABOUR R/O BARHI
COLONY P.S. UMARIAPAN DISTRICT KATNI
(MADHYA PRADESH)
3. CHAINURAM S/O RAJARAM YADAV, AGED
ABOUT 53 YEARS, OCCUPATION: LABOUR R/O
BARHI COLONY P.S. UMARIAPAN DISTRICT
KATNI (MADHYA PRADESH)
4. SONU @ DHEERAJ S/O SHARAD YADAV, AGED
ABOUT 20 YEARS, OCCUPATION: LABOUR R/O
BARHI COLONY P.S. UMARIAPAN DISTRICT
KATNI (MADHYA PRADESH)
.....APPLICANTS
(BY SHRI PRAKASH KUMAR GUPTA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TATION UMARIAPAN DISTRICT KATNI (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI GOPAL JAISWAL - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 10/28/2023 11:57:00 AM 2 This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to F.I.R. No.49/2023 dated 14.02.2023 registered at Police Station Umariapan, District Katni (M.P.) for the offence punishable under Section 302, 201, 120B/34 of IPC. Applicants are in detention since 16.02.2023.
2. As per the prosecution story, on 14.02.2023, Ayush Choubey lodged report that he is a student of Class XI. On 13.02.2023, he along with his father had gone to attend the Tilak ceremony of Ram Sahu's son. At around 8:00 PM he along with his father Kauaa @ Ramdatt Choubey was returning to their home. When they reached near Yagyashala, Dheeraj Yadav, Kanha Yadav and Nikhil Yadav came from an auto rickshaw, auto rickshaw was being driven by Nikhil Yadav. They all asked them to sit in the auto, they boarded in the auto rickshaw. In the meantime, Dheeraj Yadav received a call on his mobile in which he was directed by someone to get ready. It is alleged that when they reached ahead of Kohi River bridge, Ranjeet armed with lathi, baka and knife was standing there. Nikhil Yadav stopped the auto rickshaw, when his father got down from the auto, Nikhil caught hold his father. Ranjit handed over a knife to Dheeraj and baka to Kanha. Dheeraj gave knife blows. Kanha gave baka blows and Ranjit gave lathi blows on his father. Nikhil also inflicted knife blows on his father's head. Being scared of the murder of father incident, he fled away from the spot and narrated the entire incident to his mother and younger brother. It was also narrated that 3-4 months ago, his father had some altercation with Chainu Yadav i.e. father of Kanha Yadav and due to that enmity they all murdered his father.
3. Learned counsel for the applicants have submitted that applicants have Signature Not Verified not committed any offence. They are innocent. They have been falsely Signed by: JASLEEN SINGH SALUJA Signing time: 10/28/2023 11:57:00 AM 3 implicated. It is further submitted that eye witness Ayush Choubey and other witnesses have already been examined before the trial Court. They all have turned hostile and have not supported the prosecution story. There is no material before the trial Court on the basis of which accused persons may be convicted. Therefore, it is prayed that applicants may be released on bail.
4. On the other hand, learned counsel for the State has opposed grant of bail to the applicant.
5. On a perusal of the postmortem report, it is apparent that stabbed wound and other antemortem injuries were found on the dead body of the deceased. In so far the evidence of the prosecution witnesses is concerned, that has to be appreciated by the trial Court at the proper stage of trial and judgement. It is settled position of law that High Court has to see only prima- facie case and not the evidence of the witnesses before the trial Court. Reliance can be placed upon Satish Jaggi Vs. State of Chhatisgarh & Ors., reported in (2007) 11 SCC 195.
6. Having considered all the facts and circumstances of the case including gravity of offence, availability of the eye witness account and other material on record, I am of the view that it is not a fit case for grant of bail. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands dismissed.
(DINESH KUMAR PALIWAL) JUDGE Jasleen Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 10/28/2023 11:57:00 AM