Madhya Pradesh High Court
Kunj Bihari @ Parmanand vs State Of M.P. on 18 September, 2020
Author: Virender Singh
Bench: Virender Singh
1HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.32761 of 2020
Kunj Bihari @ Parmanand Vs. State of M.P.
Indore: Dated:- 18/09/2020:-
Heard through Video Conferencing.
Shri NJ Dave, learned counsel for the petitioner.
Shri Rakesh Bhadoria, learned Panel Lawyer for the
respondent/State.
ORDER
Crime No. Under Section Police Station 183/20 307, 294, 323, 506, 427, Bhanpura, 34 of IPC Mandsaur
1. As declared by learned counsel for the petitioner, this is the first bail application under Section 439 of Cr.P.C. for grant of bail.
2. The case of the petitioner is more or less the same to the case of co-accused Hansraj and Tufan, who have been granted bail by this Court vide order dated 28/08/2020 passed in MCRC No.28498/2020, therefore, the petitioner has claimed parity with the said accused. The order passed in favour of Hansraj and Tufan reads thus:-
"1. This is the first bail application under Section 439 of Cr.P.C. in connection with Crime No.183/2020 registered at Police Station - Bhanpura, Mandsaur under Section 307, 294, 323, 506, 427, 34 of IPC.
2. It is a dispute between 2 farmer families, who are neighbours. On 03/06/2020 at about 10:30 in the night, complainant Mohanlal along with Ratanlal, Devraj, Lokesh, Shailendra and Shasank was cleaning and leveling a passage. Their neighbour Satyanarayan, Kunj ihari, Tufan protested the same 2HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.32761 of 2020 Kunj Bihari @ Parmanand Vs. State of M.P. and asked them to do whatever they wanted at their own side and not on the side of the objectors. Satyanarayan also started abusing them. Ratanlal and Shailendra requested them not to do so, but Kunj Bihari slapped Ratanlal. He also called his companions Dhanraj, Hansraj and Dilip, who came with a stick & metal pipe. Dilip wielded the metal pipe on the head of Ratanlal, Shailendra and Lokesh tried to rescue him but Kunj Bihari, Hansraj and Tufan started beating them by kicks and fists. Dhanraj gave a blow of stick on the head and right wrist of Lokesh, while Dilip kicked him in the waist. The complainant tried to escape from the spot to take injured Ratanlal to the hospital by their jeep but the offenders chased them and broke the rear shield glass of the jeep. Mohanlal, Devraj, Madhosingh intervened and rescued them. The matter was reported to the police by Mohanlal on the same day at 22:30 pm. The case was registered. Injured were sent to the CHC, Bhanpura. Doctor found lacerated wounds and swellings etc. as caused by a hard and blunt object. Ratanlal was referred for District Hospital and thereafter he was taken to Pasupati Nath Diagnostic Center for further treatment, where in CT scan, fracture of right nasal bone, right frontal bone extending up to temporal bone and left high parietal bone with overlying scalp haematoma along with multiple hemorrhagic contusions with surrounding edema in bilateral frontal lobe were detected. On a query raised by the police, the doctor of District Hospital, Mandsaur opined that the injury of Ratanlal was grievous in nature and was "dangerous to life if left untreated".
3. It is argued by the learned counsel for the petitioners that initially case was registered under Sections 294, 323, 506, 427, 34 of IPC, but later under political pressure the police has added Section 307 of IPC. In this case, actually the complainant and his companions were offenders. They caused grievous injuries to the family members of the petitioners. Dilip sustained serious injuries on the 3HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.32761 of 2020 Kunj Bihari @ Parmanand Vs. State of M.P. head, which required 10 stitches. His condition is still serious. Cross-case bearing Crime No.184/20 under Section 323, 294, 506, 427, 34 of IPC has been registered against the complainants.
4. The allegations against the petitioners are that they caused injuries to Shailendra and Lokesh by kicks and fists. There is no allegation against them to cause injury to Ratanlal. They are in jail since 13/07/2020. Investigation is over, charge-sheet has been filed. Trial is likely to take time, therefore, they be granted bail.
5. The Prosecution has opposed the bail application.
6. In view of the aforesaid and other facts and circumstances of the case, I deem it appropriate to allow the bail. Therefore, without commenting on merits of the case, the application is allowed.
7. It is directed that the petitioners Hansraj S/o Ramkalyan Aahir and Tufan S/o Nandlal Gurjar be released from custody on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) each with separate solvent surety of the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court as and when required further subject to the following conditions:
(i) The petitioners shall co-operate in the trial and shall attend the trial Court during the trial;
(ii) The petitioners shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing such facts of the Court;
(iii) The petitioners shall not commit any offence or involve in any criminal activities;
(iv) In case, involvement in any other criminal activity is found, the bail granted in this case may also be cancelled."
3. Learned Panel Lawyer has opposed the bail application, but has admitted the parity as claimed by the petitioner.
4HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.32761 of 2020 Kunj Bihari @ Parmanand Vs. State of M.P.
4. The case of the petitioner--Kunj Bihari @ Parmanand is identical to the case of co-accused--Hansraj and Tufan, therefore, present petition is allowed and disposed off on the same terms and conditions.
(Virender Singh)
Judge
soumya
Soumy Digitally signed by
Soumya Ranjan Dalai
DN: c=IN, o=High Court of
Madhya Pradesh Bench
a Indore,
postalCode=452001,
st=Madhya Pradesh,
Ranjan
2.5.4.20=f4d2118683e843
22bb5797cf28ee6067153
8b737cf52962d84d7b527
897e53ac, cn=Soumya
Dalai
Ranjan Dalai
Date: 2020.09.18 19:04:03
+05'30'