Madhya Pradesh High Court
Rajju @ Rajaram @ Raju @ Rajendra ... vs The State Of Madhya Pradesh on 27 September, 2021
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.46541 / 2021
(Rajju @ Rajaram @ Raju @ Rajendra Vishwakarma Vs.
State of M.P.)
1
Jabalpur, Dated : 27/ 09 / 2021
Shri Ram Lal Rajak, counsel for the applicant.
Shri Sudhakar Mani Patel, P.L. for the respondent / State.
Heard with the aid of case diary.
This is first application filed under section 439 Cr.P.C. Applicant Rajju @ Rajaram @ Raju @ Rajendra Vishwakarma was arrested on 24.06.2021 in Crime No. 425/2021 registered at Police Station Kareli, District Narsinghpur for the offence punishable under Sections 294, 323, 324, 326, 506, 34 of IPC.
As per the prosecution case, 15.05.2021 at around 4.00 P.M., applicant Rajju Vishwakarma and co-accused Ajju @ Ajay Thakur, Anil Rajak, Prashant Vishwakarma abused complainant Sitaram who was standing in front of the house of Mullu Rajak located at village Johariya Chouraha. Applicant Rajju Vishwakarma assaulted Sitaram with an iron rod and co-accused Anil Rajak and co-accused Ajju @ Ajay Thakur assaulted Sitaram with Lathi. Co-accused Ajju @ Ajay Thakur assaulted Sitaram on his head due to which he sustained grievous injury on his head and his occipital bone also got fractured. When his elder brother Gopal came to rescue him, co-accused Prashant assaulted Gopal with an axe, due to which he also sustained injuries.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. It is further submitted that co-accused Anil Rajak has been granted bail by this court vide order dated 08.09.2021 passed in M.Cr.C. No. 37924/2021. So on the basis of parity applicant is also entitled to get bail. The applicant has been in custody since 24.06.2021 and the THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.46541 / 2021 (Rajju @ Rajaram @ Raju @ Rajendra Vishwakarma Vs. State of M.P.) 2 conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case and the fact that co-accused Anil Rajak has been granted bail by this court vide order dated 08.09.2021 passed in M.Cr.C. No. 37924/2021, applicant is in custody since 26.06.2021 and conclusion of trial will take time, maintaining the parity, without commenting on the merits of the case, the application is allowed and it is directed that the applicant 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 trial 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 trial Court.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey)
sarathe Judge
NAVEEN Digitally signed by NAVEEN
KUMAR SARATHE
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E Date: 2021.09.27 17:04:47
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