Dharmendra Baghel vs The State Of Madhya Pradesh on 28 June, 2023

[Cites 5, Cited by 0]

Madhya Pradesh High Court

Dharmendra Baghel vs The State Of Madhya Pradesh on 28 June, 2023

Bench: Sunita Yadav

                                                             1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                                 ON THE 28 th OF JUNE, 2023
                                          MISC. CRIMINAL CASE No. 5964 of 2023

                           BETWEEN:-
                           DHARMENDRA BAGHEL S/O LATE SHRI DHANIRAM
                           BAGHEL, AGED ABOUT 19 YEARS, R/O THAKUR
                           MOHALLA, VEERPUR BANDH, LASHKAR, GWALIOR
                           (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI BHAGWAN DAS SHARMA- ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION GIRWAI, GWALIOR (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI PRABHAT PATERIYA- DY. ADVOCATE GENERAL)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

This is the Second application filed by the applicant under Section 439 o f the Cr.P.C. for grant of bail relating to FIR No.173 of 2021 registered at Police Station Girwai, District Gwalior (M.P.) for the offence under Sections 363, 364-A, 302, 201 of IPC and Section 11/13 of M.P.D.V.P.K. Act. First bail application was dismissed as withdrawn on 31/10/2022 passed in M.Cr.C. No.50001/2022.

As per prosecution story, the allegation against the present applicant is that he committed murder of deceased- Amit Baghel.

Signature Not Verified

Learned counsel for the applicant argued that the applicant is innocent Signed by: ALOK KUMAR Signing time: 28-06-2023 05:26:28 PM 2 and has been falsely implicated. It is further argued that the material witnesses have been examined. There is no evidence to connect the present applicant/accused with the crime. Prosecution case is based on circumstantial evidence of last seen, memorandum and seizure, however, the witness of last seen (PW-3) Nandlal Kushwah has not supported the case of prosecution and turned hostile. (PW-1) Kalyan Singh Baghel, (PW-2) Shashi Baghel who are parents of the deceased stated that it was (PW-3) Nandlal Kushwah who informed them that he had seen the deceased with the present applicant. (PW-3) Nandlal Kushwah has not supported the case of prosecution, therefore, the evidence of these witnesses have no relevance. Further argument is that the circumstances of memorandum and seizure are also suspicious because as per the prosecution story, the memorandum of present applicant/accused was recorded on 15.06.2021 at about 2:50 p.m. whereas, the seizure of gold Baali (earrings) belonging to deceased was seized on 15.06.2021 at about 11:10 a.m. before recording of the memorandum. (PW-4) Sanjay Soni has stated that all the proceeding was recorded in the Police Station. The FSL report is not conclusive. The applicant is in custody since 15.06.2022. The applicant is a 19 year old boy and he is permanent resident of District Gwalior (M.P.) and there is n o possibility of his absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicant.

P er contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without Signature Not Verified Signed by: ALOK KUMAR Signing time: 28-06-2023 05:26:28 PM 3 expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

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 investigation/trial, as the case may be;

3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her 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/she is accused;

5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) Signature Not Verified Signed by: ALOK KUMAR Signing time: 28-06-2023 05:26:28 PM 4 JUDGE vpn Signature Not Verified Signed by: ALOK KUMAR Signing time: 28-06-2023 05:26:28 PM

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court