Madhya Pradesh High Court
Chotu @ Jitendra Jatav vs The State Of Madhya Pradesh on 2 August, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 MCRC-19429-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF AUGUST, 2024
MISC. CRIMINAL CASE No. 19429 of 2024
CHOTU @ JITENDRA JATAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Prem Singh Bhadouria along with Shri Trishant Mishra- Advocate for
the applicant.
Shri Bhanupratap Singh Chauhan, learned Public Prosecutor for the State.
Shri Divakar Vyas, learned counsel for the respondent/complainant.
ORDER
This second application has been filed by applicant under Section 439 of CrPC for grant of bail in connection with Crime No.803/2023 registered at Police Station Civil Line, District- Morena (M.P.) for offence punishable under Sections 307, 294, 506, 34 of IPC and added Section 302 of IPC. Applicant is in judicial custody since 05.07.2023. First application was dismissed as withdrawn by this Court vide order dated 22.03.2024 passed in MCRC No.10115/2024.
As per the case of prosecution, Ramdeen Jatav along with his injured son Kushal Kumar Jatav admitted at K.M.Hospital, Padav, Gwalior reported to Sub- Inspector-Sukhdev Singh Chauhan of PS- Civil Line, Morena that he had altercation with Chotu @ Jitendra Jatav, Bhagwandas Jatav, Dharmendra Jatav and Rahul Jatav fifteen days before the incident. On 03.07.2023, around 2:10 in the afternoon, Kushal Kumar was lying on iron cot at his home. Chotu @ Jitendra came armed with stone crusher (hammer) and assaulted Kushal on his head.
Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 02-08-2024 05:57:08 PM2 MCRC-19429-2024 Bhagwandas Jatav, Dharmendra Jatav, Rahulk Jatav, Avdhesh, Ranjeet and Kalla also came there and exhorted to kill Kushal. Mayank and Rasak Devi intervened and rescued Kushal. Kushal was taken to K.M.Hospital, Padav for treatment. On such allegations, PS- Civil Line registered FIR at Crime No.803/2023 for offence punishable under Sections 307, 294, 506, 34 of IPC. Medico legal examination of Kushal was conducted. One lacerated wound was found on his right fronto- parietal region along with another lacerated wound on right side of occipital region. Kushal was admitted at Karni Multi Specialist Hospital, Gwalior. He remained under treatment since 03.07.2023 to 15.07.2023. Craniotomy surgical intervention was done on 03.07.2023. Further, tracheostomy was done on 05.07.2023. CT Head dated 22.07.2023 reveals edema with thin subdural effusion. Kushal was again admitted at Karni Multi Specialist Hospital, Gwalior from 31.07.2023 to 03.08.2023 with complaint of breathing difficulty. CT Scan dated 01.09.2023 reveals focal tracheal stenosis. Kushal was again admitted on 06.09.2023. He was referred to JA Hospital, Gwalior on 10.09.2023. He died on same day. Dead body of Kushal was forwarded for postmortem examination. Medical Officer opined that Kushal has died due to cardio respiratory failure. No definite opinion as to cause of death was given, however, the Medical Officer opined that the treatment record should be taken into consideration for final opinion. Responding to the query of SHO, PS- Civil Line, Morena, the Head of the Department of Forensic Medicine Gajra Raja Medical College Gwalior opined that cause of death of Kushal could be tracheal pathology. Deceased had a head injury for which craniotomy was done and tracheotomy was created and subsequent respiratory complication were sets in. After receipt of query report, prosecution for offence punishable under Section 302 of IPC was added. During investigation, applicant Chotu @ Jitendra Jatav was arrested on 05.07.2023 and he Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 02-08-2024 05:57:08 PM 3 MCRC-19429-2024 is in custody ever since. One stone crusher (hammer) was recovered at his instance. On completion of investigation, initially final report was filed on 28.09.2023 and supplementary final report with added prosecution for offence punishable under Section 302 of IPC was submitted on 26.05.2024. The trial is underway.
Learned Counsel for the applicant in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter. Minor altercation aggravated into physical assault. Applicant never intended to cause death of Kushal. Death of Kushal was caused due to medical complications. He has died almost two months after the incident. He was initially discharged after treatment. In the statement recorded on 20.07.2023, Kushal did not alleged any complication due to injury. No offence as alleged is made out against the applicant. Learned counsel further submits that applicant is aged 19 years and is labourer by profession. There is no likelihood of absconsion leaving his family and home. No further custodial interrogation is needed in the matter. No criminal antecedent is reported against the applicant. There is no likelihood of tampering with evidence as the complainant party is in better socio-economic condition as compared to the applicant. The trial would take time to complete. Jail incarceration is causing hardship to the young applicant. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State ably assisted by learned counsel for the objector opposes the bail application and submits that the death of Kushal is attributable to head injury intentionally caused by applicant. Learned counsel referring to the query report, contends that deceased Kushal was constantly under medical treatment and ultimately succumbed to his head injury and its Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 02-08-2024 05:57:08 PM 4 MCRC-19429-2024 complications. There is direct allegation against the applicant of causing such injury to Kushal. A young boy of 17 years has lost his life, therefore, applicant may not be extended benefit of bail.
Heard rival contentions of the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, having regard to the young age and no criminal history of the applicant, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant- Chotu @ Jitendra Jatav shall be released on bail in relation to Crime No.803/2023 registered at Police Station Civil Line, District- Morena (M.P.) for offence punishable under Sections 307, 294, 506, 34 of IPC and added Section 302 of IPC, upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, : (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा । (2) Applicant shall not commit or get involved in any offence of similar nature; (2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा । (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा । (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in attendance;Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 02-08-2024 05:57:08 PM
5 MCRC-19429-2024 (5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE *VJ* Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 02-08-2024 05:57:08 PM