Madhya Pradesh High Court
Badam Singh vs The State Of Madhya Pradesh on 22 August, 2022
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 22nd OF AUGUST, 2022
MISC. CRIMINAL CASE No. 29562 of 2022
Between:-
BADAM SINGH S/O RAJARAM YADAV, AGED
ABOUT 38 YEARS, OCCUPATION: LABOUR
VILLAGE MOHARA P.S. JATARA, DISTRICT
TIKAMGARH (MADHYA PRADESH)
.....APPLICANT
(SHRI SAKET AGRAWAL, LEARNED COUNSEL FOR THE
APPLICANT )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CITY NAWGAON
CHHATARPUR (MADHYA PRADESH)
.....RESPONDENT
( SHRI DHARMESH CHATURVEDI, LEARNED P.L. FOR THE
RESPONDENT / STATE )
This application coming on for admission this day, the court passed
the following:
ORDER
Heard with the aid of case diary.
This is the first application under Section 439 of the Cr.P.C. for grant of bail. Applicant Badam Singh was arrested on 29.12.2021 in connection with Crime No.312/2008 registered at Police Station City Nawagaon, District Chhatarpur (M.P.) for the offence punishable under Signature Not Verified Sections 147, 302 of IPC and Section 25/27 of Arms Act.
SAN Digitally signed by NAVEEN KUMARA s per prosecution case, on 22.02.2008 when deceased Awadh SARATHE Date: 2022.08.22 17:32:09 IST 2 Bihari was going along with Dayaram, Parwat Yadav, Ram Gopal Tiwari and Surendra Yadav to his village Mohara on the way near Navodaya School Nawgaon the applicant and other co-accused persons namely Prakash Yadav, Yashpal Yadav, Veer Singh, Harishchandra Yadav, Tilak Yadav, Amar Singh Yadav, Jaspal Singh Yadav, Jitendra @ Babloo and Mahendra @ Rinku Shreedhar came in a jeep and co-accused Prakash Yadav fired at Awadh Bihari, who sustained gun shot injury and died.
Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. Co- accused Rajaram Yadav, Jashpal Singh Yadav have been granted bail by this court vide orders dated 22.01.2021 and 07.01.2019 passed in M.Cr.C. No. 2906/2021 and M.Cr.C. No.44720/2018 respectively. There is no allegation against the applicant that he fired at deceased Awadh Bihari. Even, co-accused Jitendra @ Babloo Shrotriya and Mahendra @ Tinku Shridhar have been granted bail even after their conviction. The applicant is in custody since 29.12.2021, charge sheet has been filed and conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that sufficient is evidence available on record against the applicant. Hence, he should not be released on bail.
Looking to facts and circumstances of the case, contention of learned counsel for the applicant the fact that there is no allegation against the Signature Not Verified applicant that he fired at deceased Awadh Bihari, the applicant is in SAN Digitally signed by NAVEEN KUMAR custody since 29.12.2021 and co-accused Jitendra @ Babloo Shrotriya SARATHE Date: 2022.08.22 17:32:09 IST 3 and Mahendra @ Tinku Shridhar have been granted bail even after their conviction and conclusion of trial will take time, so without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial; 3 . The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the Signature Not Verified trial Court.SAN Digitally signed by NAVEEN KUMAR
C.C. on payment of usual charges.
SARATHE Date: 2022.08.22 17:32:09 IST 4(RAJEEV KUMAR DUBEY) JUDGE sarathe Signature Not Verified SAN Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.08.22 17:32:09 IST