Madhya Pradesh High Court
Sanjev@Lallu Raghuvanshi vs The State Of Madhya Pradesh on 19 January, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 19 th OF JANUARY, 2024
MISC. CRIMINAL CASE No. 2407 of 2024
BETWEEN:-
SANJEV @ LALLU RAGHUVANSHI S/O SHRI MEHENDRA
SINGH RAGHUVANSHI, AGE 38 YEARS, OCCUPATION:
AGRICULTURE RESIDENT OF GRAM SANDOH, THANA
NAISARAI DISTRICT ASHOKNAGAR (MADHYA
PRADESH)
.....APPLICANT
(SHRI AJAY RAGHUWANSHI- ADVOCATE FOR APPLICANT)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION NAISARAI DISTRICT ASHOKNAGAR
(MADHYA PRADESH)
.....RESPONDENT
( SHRI PRAMOD KUMAR PACHAURI- PUBLIC PROSECUTOR FOR
RESPONDENT- STATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This first bail application has been filed by the applicant under Section 438 of Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.45 of 2023 registered at Police Station Naisarai, District Ashok Nagar (M.P.) for offences punishable under Sections 324, 323, 294, 506, 341, 427, 34 and enhanced Section 326 of IPC.
As per the case of prosecution, Bhura alias Varun Raghuvanshi reported Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 20-01-2024 06:39:08 AM 2 to PS Naisarai, District Ashok Nagar on 11-04-2023 that on 10-04-2023 around 10:00 in the night, he was at his agricultural field. Vijay Bahadur, Sanjeev alias Lallu (applicant) and Anil Raghuvanshi came there and asked for machine for cutting of fodder. When he asked for outstanding amount of Rs.36,000/-, all the three accused started abusing in filthy language. Vijay Bahadur assaulted him with farsa. His finger of right hand sustained injury. Sanjeev assaulted him with lathi on back and knee. Shyamu intervened to rescue. Anil assaulted Shyamu with lathi. Brijbhan and Suyakumar intervened and rescued them. When they were running to save themselves, Kalla and Bhanu Raghuvanshi intercepted them on way and started assaulting them by kicks and fists. Kalla assaulted Ramsingh with wooden stick (danda). Accused threatened to kill them if they report and damaged their tractor and jeep. On such allegations, PS Naisarai registered FIR at Crime No.45 of 2023 for offences punishable under Sections 324, 323, 294, 506, 341, 427, 34 of IPC against Vijay Bahadur Raghuvanshi, Sanjeev alias Lallu Raghuvanshi (applicant), Anil Raghuvanshi, Kalla Raghuvanshi (applicant) and Bhanu Raghuvanshi. Injured Bhura, Ramsingh and Shyamu were forwarded for medico-legal examination. No significant injury or abnormality was found on the body of Ramsingh and Shyamu. In X-ray examination, fracture of proximal end of distal phalanx and distal end of middle phalanx in right little finger of right hand of Bhura alias Varun was found. Therefore, prosecution for offence under Section 326 of IPC was added. Statements of witness were recorded. Investigation is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that as per the case of prosecution, allegation against the applicant is of causing injury to Bhura by wooden stick, but no significant injury was found in medico-legal examination on back and knee. Applicant has Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 20-01-2024 06:39:08 AM 3 been falsely implicated in this matter. No criminal antecedent is reported against him. Learned Counsel further submits that applicant is an agriculturist by profession. He has family to look after. There is no likelihood of his absonsion leaving his family and home. There is no likelihood of his tampering with evidence, as both parties belong to same socio-economic status. Jail incarceration would cause great hardship to the applicant and his family. Co- accused Ramkrishan alias Kalla Raghuvanshi has been granted bail vide order dated 11th of January, 2024 passed by this Court in MCRC No.1170 of 2024. Applicant is ready to cooperate with investigation. Therefore, the applicant may be extended the benefit of anticipatory bail.
P e r contra, learned counsel for State opposes anticipatory bail application on the ground of gravity of alleged offence and prays for its rejection.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commencing on merits of the case, this Court inclined to grant anticipatory bail to the applicant. Thus, the application is allowed.
Accordingly, it is directed that in the event of arrest of applicant, applicant SANJEV @ LALLU RAGHUVANSHI shall be released on bail in relation to Crime No.45 of 2023 registered at Police Station Naisarai, District Ashok Nagar (M.P.) for offences punishable under Sections 324, 323, 294, 506, 341, 427, 34 and enhanced Section 326 of IPC, upon furnishing a personal bond in the sum o f Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Officer making arrest, for compliance with the following conditions: (For the sake of convenience of understanding by Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 20-01-2024 06:39:08 AM 4 accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall make himself available for investigation as may directed by the officer, in-charge of investigation;
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (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) vkosnd izdjz.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) Upon submission of final report under Section 173 of Cr.P.C, the applicant shall furnish fresh personal bond and solvent surety of aforementioned amount to the satisfaction of the Trial Court, if so directed and thereafter, shall remain present on every date of hearing as may be directed by the concerned Court;
(5) /kkjk 173 na-iz-la- ds rgr vafre izfrosnu izLrqr gksus ij] ;fn ,slk funsZf'kr fd;k Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 20-01-2024 06:39:08 AM 5 tkrk gSZ] vkosnd fopkj.k U;k;ky; dh larqf"Vizn iwoZ mYysf[kr jkf'k dk uohu oS;fDrd ca/ki= ,oa izfrHkw ca/ki= izLrqr djsxk vkSj mlds mijkar lacaf/kr U;k;ky; ds funsZ'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (6) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
(6) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, it shall become ineffective without reference to the Court.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 20-01-2024 06:39:08 AM