Madhya Pradesh High Court
Vivek Kanojiya vs State Of Madhya Pradesh on 28 June, 2019
1 MCRC-24631-2019
The High Court Of Madhya Pradesh
MCRC-24631-2019
(VIVEK KANOJIYA Vs STATE OF MADHYA PRADESH)
MCRC-25499-2019
(ROHIT SINGH THAKUR Vs THE STATE OF MADHYA PRADESH)
MCRC-24688-2019
(SANJAY GAUTEL Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 28-06-2019
Shri Vasant R.Daniel, counsel for applicant Sanjay Gautel in
M.Cr.C.No.24688/2019.
Shri Narendra Nikhare, counsel for applicant Vivek Kanojiya in
M.Cr.C.No.24631/2019.
Shri Sandeep Shukla, counsel for applicant Rohit Singh Thakur in
M.Cr.C.No.25499/2019.
Shri Pradeep Dwivedi, Panel Lawyer, for the respondent/State.
Arguments heard upon all 3 M.Cr.Cs. filed on behalf of applicants under Section 439 of Cr.P.C for grant of bail.
Case diary of Crime No.139/2018 under Sections 324, 326, 307, 120- B, 34 of IPC and Section 25 of Arms Act, also perused.
This is the second application on behalf of applicant Sanjay Gautel, fo urth application on behalf of applicant Vivek Kanojiya and second application on behalf of applicant Rohit Singh Thakur.
Previously, atleast one application of each applicant has been dismissed on merits.
It is submitted by Shri Daniel that the main accused Ved Prakash has been enlarged on bail. Applicant Sanjay Gautel had made the accused upon the basis of memorandum of Rohit. The applicant is having parity with accused Ved Prakash. The applicant is not identified by anybody. Therefore, he is entitled to get the bail. On the other side, the State opposed the application. It is submitted by the State that the applicant admitted his involvement in his memo. Knife was also recovered from the possession of applicant. In reply, it is submitted by Shri Daniel that no blood is found upon Digitally signed by TRUPTI GUNJAL Date: 02/07/2019 11:11:02 2 MCRC-24631-2019 the seized knife.
Shri Nikhare submitted on behalf of applicant Vivek Kanojiya that no injury has been caused by the applicant and the applicant is having parity with accused Ved Prakash. On the other side, the State opposed the application and it is submitted that previously the matter has been considered on merits. No changed circumstance is found.
O n behalf of applicant Rohit Singh Thakur, Shri Sandeep Shukla, Advocate, submitted that the applicant is also having parity with Ved Prakash. Therefore, he is also entitled to get the bail. He has been falsely implicated in this applicant. On the other side, the State opposed the application and submitted that previously the merits of the case have been considered.
It is also submitted by the State that no any applicant is having parity with accused Ved Prakash. The applicants' applications have been considered on merits. No changed circumstance is found. Therefore, the applications are liable to be dismissed.
Co-accused Ved Prakash has been enlarged on bail by order dated 6.6.2019 passed in M.Cr.C.No.22722/2019 by Co-ordinate Bench of this Court during the vacation. It appears from the case diary that injured Priya Gupta is the sister of the wife of accused Ved Prakash Gupta. On the date of incident i.e 13.06.2017 at about 15:15 pm when complainant Priya Gupta was going towards her girls hostel at that time three accused persons came on white colour Activa and when they were passing nearby the complainant, the boy who was sitting as pillion rider in the Activa assaulted by knife upon hips of the complainant. The complainant was examined under Section 164 of Cr.P.C. The details regarding accused Ved Prakash are mentioned in the aforesaid statements. During investigation the query also obtained from Doctor who reported that the injuries caused to the complainant was sufficient to cause her death, if the treatment was not provided. During investigation, it is found that the master mind of the conspiracy is Ved Digitally signed by TRUPTI GUNJAL Date: 02/07/2019 11:11:02 3 MCRC-24631-2019 Prakash, who contacted Sanjay Gotel. Sanjay Gotel engaged three accused persons namely Vivek, Nikhil and Rohit. Sanjay Gotel promised to all three persons that he will give Rs.5,000/- after the assault by Knife. All three accused persons have observed the movement of complainant, thereafter they committed crime on the date of incident. After committing crime they met with Sanjay Gotel and received Rs.5,000/-.
Therefore, looking to the aforesaid, it appears that Ved Prakash is a conspirator. Vivek, Nikhil and Rohit are the main accused, who committed the crime and they received the amount from Sanjay Gotel. Sanjay Gotel engaged all three accused with the conspiracy of Ved Prakash.
Looking to the entire story of prosecution, the case of present applicants is having no parity with the case of accused Ved Prakash. All other arguments advanced by the counsel, have already been considered at the time of previous applications.
Therefore, no changed circumstance is found.
Hence all three petitions are dismissed.
(B. K. SHRIVASTAVA) JUDGE TG /-
Digitally signed by TRUPTI GUNJAL Date: 02/07/2019 11:11:02