Madhya Pradesh High Court
Ranjeet Jat vs The State Of Madhya Pradesh Thr on 22 November, 2017
1
M.Cr.C. No. 20403/2017
(Ranjeet Jat Vs. State of MP)
22.11.2017
Shri Naval Kishore Gupta, Advocate for applicant.
Shri A.K. Nirankari, Government Advocate for
Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this second application u/S 439 of Cr.P.C. for grant of bail. First bail application of the applicant was dismissed as withdrawn vide order dated 20/09/2017 passed in M.Cr.C. No. 9250/2017 with liberty to repeat the prayer for bail after filing of charge sheet. The applicant has been arrested by Police Station Gijorra, District Gwalior in connection with Crime No. 70/2017 registered in relation to the offences punishable u/S. 302, 307, 147, 148, 149, 294 and 506 of IPC.
Allegations against the applicant, in short, are that the applicant along with co-accused assaulted the complainant's father by lathies on different part of the body, used abusive language and threatened to kill, due to which, the injured sustained injuries on various part of his body including head.
Learned counsel for the applicant submits that applicant is a youth of 20 years of age, who has no criminal past alleged against him and he has been falsely implicated in the present case. There is no evidence against the present applicant that he committed the alleged offence. It is submitted that all recovery is being made and charge sheet has since been filed. The present applicant is in custody since 2 M.Cr.C. No. 20403/2017 06.07.2017, therefore, he prays for bail.
On the other hand, learned counsel for the State opposes the application. He submits that the Apex Court in the case of Virupakshappa Gouda Vs. The State of Karnataka ((2017)5 SCC 406) has held that mere filing of charge-sheet does not in any manner lessen the allegations made by the prosecution. On the contrary, filing of the charge-sheet establishes that after due investigation the investigating agency, having found materials, has placed the charge-sheet for trial of the accused person. The medical evidence and the statements of the witnesses corroborate the alleged offence. It is further submitted by learned counsel for the State that such type of crimes are increasing very rapidly now a days and, therefore, looking to the gravity of the offence, he prays that bail may not be granted to the present applicant.
On considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case particularly the nature of allegation, I am of the opinion that this is not a fit case, in which bail may be granted to the present applicant Ranjeet Jat. Accordingly, second application of the present applicant under Section 439 Cr.P.C. relating to the aforesaid crime is hereby dismissed.
(S.A. Dharmadhikari) Judge Durgekar* SANJAY N. Digitally signed by SANJAY N. DURGEKAR DN: c=IN, o=HIGH COURT OF M.P. BENCH GWALIOR, ou=P. S., postalCode=474011, st=Madhya Pradesh, DURGEKAR 2.5.4.20=afa4701a2661e1fb7720c022ffc277608ce5 5ba67f3594a641181b9ae8448e58, cn=SANJAY N. DURGEKAR Date: 2017.11.23 15:20:00 +05'30'