Madhya Pradesh High Court
Rakesh vs The State Of M.P. on 14 December, 2022
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 14 th OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 56548 of 2022
BETWEEN:-
RAKESH S/O RATANLALJI CHOUDHARY, AGED ABOUT
30 YEARS, OCCUPATION: FARMER, GRAM SURASA
TEHSIL & DISTRICT UJJAIN (MADHYA PRADESH)
.....APPLICANT
(BY SHRI VIRENDRA KUMAR WITH SHRI S.PARIHAR - ADVOCATE)
AND
THE STATE OF M.P. STATION HOUSE OFFICER
THROUGH P.S. BHERUGARH, UJJAIN (MADHYA
PRADESH)
.....RESPONDENTS
( MS. BHARTI LAKKAD - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
1. They are heard. Perused the case diary /challan papers.
2. This is a repeat (Third) application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.284/2022 registered at Police Station Bherugarh, District Ujjain (MP) for offence punishable under Sections 307, 294, 506, 427, 323/34, 147, 148, 149, 120-B of the IPC and Section 25 of the Arms Act and Section 3, 181, 146, 196 of the Motor Vehicle Act . First application bearing M.Cr.C. No.41413/2022 was dismissed as withdrawn by order dated 14.09.2022 and Signature Not Verified second application bearing M.Cr.C. No.49696/2022 was dismissed as Signed by: NEERAJ SARVATE Signing time: 16-12-2022 12:28:54 2 withdrawn with liberty to renew the prayer after recording statements of material witnesses before the trial Court by order dated 07.11.2022.
3. Applicant is in custody since 27.06.2022.
4. As per the prosecution, on 04.06.2022, at about 2:30 pm co-accused Sonu Mahajan, Shailendra Mahajan and applicant along with one JCB machine driver came to their house and broke the iron gate constructed on the boundary and came inside. Co-accused Sonu Mahajan and applicant said to throw complainant Tejpal Singh and his family members out of the house and to get the land vacated and if they would not do so then to kill them. He said that he has purchased the land. The complainant and his family members told co-
accused Sonu Mahajan to give them the remaining amount for their land after which they shall vacate the same. The accused persons then started abusing them and beat them with hands and legs. Applicant pushed Bhagwan Kunwar who fell down. On asking of Sonu Mahajan, Tarun took out a katta and put it on the head of the complainant and co-accused Shailendra caught Mahiwal. They all asked the JCB machine driver to break the house of the complainant and to take the machine over anyone who came in the way and to kill him. The JCB machine driver then started bringing the machine towards the house on which Bhagwan Kunwar stood in front of the Machine. Co-accused Sonu Mahajan then brought kerosene from his car and threw Bhagwan Kunwar on the ground and hit Muskan on her stomach and poured kerosene over her and set her on fire, as a result of which she suffered burn injuries on many parts of her body. Thereafter the accused persons went away stating that the land should be vacated else everyone shall be killed. Muskan was then admitted to the hospital and report was lodged on the basis of which applicant has been implicated and Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 16-12-2022 12:28:54 3 arrested for the present offence.
5. Learned counsel for the applicant submits that subsequent to withdrawal of the previous applications all the material witnesses including the eyewitnesses to the incident have been examined before the trial Court and none of them have supported the prosecution case in any manner and have been declared hostile. They are Muskan, Tejpal Singh, Bhagwan Kuwar and Mahipal Singh. Now there is no other material witness remaining to be examined on part of the prosecution from which the guilt of the applicants could be established. The applicant is in custody since 27.06.2022 and trial is still likely to take time for its conclusion. On such grounds, prayer for grant of bail to the applicant has been made.
6. The aforesaid prayer has been opposed by the learned counsel for the State submitting that in view of the allegations levelled against the applicant he is not entitled to be released on bail merely on the basis of statements of witnesses recorded before the trial court.
7. I have heard the learned counsel for the parties and have perused the case diary as well as statements of the witnesses.
8. Subsequent to withdrawal of the previous application, the material witnesses which includes the eyewitnesses namely Muskan, Tejpal Singh, Bhagwan Kuwar and Mahipal Singh have been examined before the trial Court and none of them have supported the prosecution case and have been declared hostile. There does not appear to be any other material witness remaining to be examined on part of the prosecution from which guilt of the applicants would be established. Thus in my opinion, under the changed circumstances, the applicant deserves to be enlarged on bail.
9. Accordingly, without commenting on the merits of the case, the Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 16-12-2022 12:28:54 4 application filed by the applicant is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.
10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(PRANAY VERMA) JUDGE ns Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 16-12-2022 12:28:54