Madhya Pradesh High Court
Onprakash vs The State Of Madhya Pradesh on 5 February, 2018
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
(Omprakash versus State of M.P.)
M.Cr.C. No.18627 of 2017
Indore, Dated:- 05/02/2018
Shri Deepak Rawal, learned Counsel for the applicant--
Omprakash S/o Devising Thakur.
Shri Virendra Khadav, learned Public Prosecutor for the
non-applicant/State.
Heard. Perused the case-diary.
2. This is 2nd/repeat application for grant of bail filed by
applicant--Omprakash, who is implicated in Crime No.155 of
2016, registered at Police Station--Kishan Ganj, Mhow District
--Indore for the offence punishable under Sections 279, 337,
304-A, 302, 307, 420, 468 and 120-B of IPC. He is in custody
since 4.06.2016.
3. First application was dismissed on merit vide order dated
18.7.2017 passed in M.Cr.C. No.4830 of 2017 which reads as
under:-
"Heard. Perused the case diary.
This first application under Section 439 of the
Cr.P.C. for grant of bail has been filed by the applicant
- Omprakash S/o Devisingh Thakur, who is
implicated in Crime No.155/2016 registered at Police
Station Kishanganj, Indore for the offence punishable
under Sections 279, 337, 304-A, 302, 307, 120-B,
420, 467 and 468 of the IPC and is in custody since
04.06.2016.
2. As per case diary, on 29.03.2016 at about
1.00 PM, Jai Singh along with his son Vivek was travelling in Verna car bearing Registration No.MP 09 CH 3767 and was going towards Tehsil Mhow and when they reached between Manpur and Mhow suddenly a dumper bearing registration No.MP 09 GE 3412 coming from opposite direction as well as on wrong side of road, collided with the Verna car of Jai Singh. Behind that there were two motorcycles bearing registration Nos.MP 09 NN 4043 and MP 09 CN 3767 also collided in this incident. As a result of 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE (Omprakash versus State of M.P.) which, Jai Singh and his son Vivek were seriously injured, however, dumper truck had also dashed hard into two motor bikes which were ridden by other two persons. After the said incident, Jai Singh Thakur, his son Vivek and the persons travelling by motorcycle namely Sukhlal, Suleman Khan, Sunil S/o Bhagirath and Zakir Khan were hospitalised. During treatment on 29.03.2016 i.e., on the same day injured Suleman and Sunil died. Sukhlal and Zakir Khan were injured. On the basis of the report lodged by Nanuram, eyewitness of the incident at Police Station Kishanganj vide Crime No.155/2016, offence under Sections 279, 337 and 304A of IPC were registered against the driver of the dumper Ramsingh Bhil. One Mobile Nokia Company in which SIM No.8959439538 of Idea Company has been recovered from the spot.
3. On 31.03.2016, Bane Singh Thakur, brother of Jai Singh filed an application to Additional S.P. Mhow stating therein that this incident was a criminal conspiracy which was preplanned by co- accused Mangilal who was in Sub Jail Mhow along with other co-accused persons namely, Mangilal Thakur, his cousin brother Rajendra Singh, Sanju S/o Brijlal, applicant - Omprakash Thakur and Naushad. On 03.04.2016, Additional SP Mhow directed TI Manpur for detailed investigation in the matter. The Investigating Officer traced the call details of dialled numbers from the seized mobile recovered from the dumper truck wherein the dialled numbers from the seized mobile were found to be of Rajendra and Sanju. Thereafter, the police interrogated the owner of the dumper truck i.e. Sanju @ Sanjay S/o Brijlal and came to know that on 19.01.2016 Rajendra had met Mangilal at Mhow Sub Jail, who is an under trial prisoner in Advocate Yogesh Garg's murder case. Under the directions of Mangilal, Rajendra planned the murder of Jai Singh and then Rajendra contacted Sanju @ Sanjay S/o Brijlal, Omprakash and a bus driver i.e., Nausad to execute the murder conspiracy. Thereafter, in order to execute the murder conspiracy of Jai Singh, Sanju @ Sanjay S/o Brijlal purchased a second hand dumper truck worth Rs.5,80,000/- and later on, the ownership was also transferred under his name. Then Sanju @ Sanjay S/o Brijlal and Naushad paid cash to the applicant to drive the dumper truck to murder Jai Singh and involved him in the murder conspiracy. The police had recovered mobile phone and numbers from Rajendra, Sanju @ Sanjay S/o 3 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE (Omprakash versus State of M.P.) Brijlal, Omprakash and Naushad wherein they were constantly keeping an eye on Jai Singh to execute the murder and later on it was found that these mobile numbers were obtained fraudulently and by making forged document which was done by co-accused Lokesh Solanki.
4. Learned Senior Counsel for the applicant has submitted that as per 161 statement of eyewitness Nanuram, who had lodged the FIR and 161 of Jai Singh (injured), the present applicant was not driving the dumper truck. Later on, the prosecution story was changed and as per written complaint lodged by Bane Singh Thakur, brother of injured Jai Singh Thakur on 01.04.2016, Sanju @ Sanjay S/o Brijlal was driving the dumper truck. He submitted that on the basis of memorandum of co-accused Rajendra and Naushad, the present applicant has been implicated in the alleged offence whereas it is a case of simple accident. There is no legal and admissible evidence against the applicant.
5. This Court vide order dated 12.04.2017 passed in M.Cr.C. No.12254/2016 allowed the application for grant of bail of Ramsingh Bhil.
6. Learned Senior Counsel has submitted that no named FIR has been lodged against the applicant. In written complaint dated 19.04.2016, no allegation has been made against the applicant and in 161 statement of Bane Singh also, no allegation has been made against the applicant. On 05.06.2016, memorandum of Naushad and present applicant under Section 27 of the Evidence Act was recorded and, thereafter, Bane Singh in his 164 statement, which was recorded by the Judicial Magistrate on 08.06.2016 has stated that he saw that Xylo was driven by the present applicant.
7. Learned Senior Counsel has also submitted that there is no legal and admissible evidence against the present applicant nor he committed any offence and it is a case of false implication and prays for grant of bail.
8. On the other hand, learned Public Prosecutor has opposed the prayer and has drawn my attention to the reply filed by the Investigating Officer on 07.07.2017 and submits that reiki has been made by the present applicant.
9. As per case diary, co-accused Rajendra had a constant eye on the location of the complainant's brother (Jai Singh) and also was in touch with the applicant through mobile phone. Applicant then gave 4 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE (Omprakash versus State of M.P.) location updates of Jai Singh to the co-accused Naushad who was with the dumper driver while he was driving. The main conspirator is accused Mangilal. Record of telephonic conversations shows that applicant and other co-accused persons were in touch with each other, soon before and immediately after occurrence. There is prima-facie material regarding involvement of applicant in conspiracy to commit crime.
10. Considering the aforesaid, no case for grant of bail, as prayed is made out. M.Cr.C. No.4830/2017 is accordingly, dismissed."
4. On due consideration of the arguments of learned Counsel for the applicant so also the fact that first application for grant of bail was decided on merit. Offence under Sections 302 and 307 of IPC apart from other Sections are registered against the present applicant. There is no change in the circumstances to consider this repeat application.
5. M.Cr.C. No.18627 of 2017 has no merit and is, accordingly, dismissed.
(P. K. Jaiswal) Judge pp/ Pankaj Digitally signed by Pankaj Pandey DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Pandey 2.5.4.20=5467164f5a336c7377a6484 512779597a0f79163d36b5126b339e 1055a2ce3fb, cn=Pankaj Pandey Date: 2018.02.07 12:13:18 +05'30'