Madhya Pradesh High Court
Santu @ Santosh vs The State Of Madhya Pradesh on 20 August, 2019
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
The High Court of Madhya Pradesh
M.Cr.C.No.22022/2019
(Santu @ Santosh Vs. State of M.P. )
1
Jabalpur, Dated : 20-8-2019
Shri Sharad Verma, counsel for the applicant.
Shri Kush Singh, Dy.G.A., for the respondent/State.
Heard. Case diary perused.
This is second bail application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant. First bail application M.Cr.C.No.12023/2019 was dismissed as withdrawn vide order dated 4.5.2019.
The applicant has been arrested in connection with Crime No.496/2018 registered at Police Station Damoh Dehat, District Damoh under Sections 294, 323, 324, 506 and 307/34 of the Indian Penal Code.
The case of the prosecution is that, on 25.07.2018 at about 04:00 pm in the Sanjayti Patel Community Building situated at village Khajri under the jurisdiction of Police Station Damoh Dehat, District Damoh, on a meeting, co- accused Santosh Patel had asked the complainant Damodar Patel regarding payment of labour work. On refusal by the complainant, the co-accused Santosh Patel abused him and also beaten him by a wooden stick, as a result of which he sustained injury in his head. It is alleged that when complainants' brother and son namely Dayaram and Madan have tried to save complainant, then applicant and other co-accused persons have also beaten them by means of wooden stick by which they sustained injuries. Report of the incidence was lodged on the same day, on that basis, Crime No.496/2018 for the offence punishable under Section 294, 323, 324, 506 and 34 of IPC has been registered against the applicant and co-accused persons. Later on, after The High Court of Madhya Pradesh M.Cr.C.No.22022/2019 (Santu @ Santosh Vs. State of M.P. ) 2 receiving the medical report of injured Dayaram Patel offence under Section 307 of IPC has been added in the already registered crime.
Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in this case. It is further submitted that the applicant has not actively participated in the crime. It is also submitted that the applicant is a permanent resident of the address shown in the application. There is no chance of his absconding or tampering with the witnesses. He is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed upon him. The applicant is in custody since 31.08.2018. It is also submitted that after the first application was withdrawn, the circumstances of the case has changed, as some of the witnesses have been examined and on that basis co- accused have been granted bail. Therefore, it has been prayed that the applicant be released on bail.
Learned counsel for the respondent/State on the other hand has opposed the bail application.
Though some of the witnesses have been examined and on that basis some of the co-accused have been granted bail, but applicant is the main accused, therefore he does not deserve to be granted the benefit of bail, at this stage.
Keeping in view the aforesaid facts and circumstances of the case and the alleged involvement of the applicant in the aforesaid crime, this second application for bail under The High Court of Madhya Pradesh M.Cr.C.No.22022/2019 (Santu @ Santosh Vs. State of M.P. ) 3 Section 439 of the Code of Criminal Procedure filed on behalf of applicant, is dismissed.
C.C. as per rules.
(MOHD. FAHIM ANWAR) JUDGE M. Digitally signed by SANTOSH P MATHEWS Date: 2019.08.21 10:58:31 +05'30'