Madhya Pradesh High Court
Rakesh Jatav vs The State Of Madhya Pradesh on 19 October, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.40240/2020
Rakesh Jatav Vs. State of M.P.
Gwalior, Dated :19/10/2020
Shri P.S. Bhadoriya, Advocate for applicant.
Shri R.S. Dhakad, Panel Lawyer for respondent/State.
Heard through video conferencing.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 6/6/2020 in connection with Crime No.164/2020 registered at Police Station Gohad, Distt. Bhind for offence under Sections 307 and 302 of IPC.
It is submitted by the Counsel for the applicant, that the deceased was his nephew. According to the prosecution case, the applicant kidnapped the deceased and extended a threat to his father that he would kill the deceased. It is submitted that, according to the prosecution case, kidnapping took place on 2/6/2020 and after receiving threatening call, when the father of the deceased was in search of the applicant and the deceased, it is alleged that the father of the deceased saw that the applicant caused multiple injuries to the deceased. Thereafter, the deceased was taken to the hospital. It is submitted that the FIR was lodged on 5/6/2020 and Marg intimation is dated 2/7/2020. It is further submitted that the applicant has been falsely implicated because of enmity.
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THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40240/2020 Rakesh Jatav Vs. State of M.P. Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted by the counsel for the State that since enmity was going on between the applicant and his brother, therefore, he kidnapped his nephew and made a threatening call to the father of the abductee and when the father of the abductee was searching for his son, he saw that the applicant was coming on his motorcycle alongwith the abductee. Multiple assaults were made by the applicant, which were witnessed by the father of the abductee. The abductee was immediately taken to the hospital on 2/6/2020 itself. Since the father of the abductee was busy in the treatment of the abductee, therefore, if there is any delay in lodging the FIR, then it cannot be said that the delay is an unexplained one.
Heard learned counsel for the parties.
Considering the allegations made against the applicant, this Court is of the considered opinion that no case is made out for grant of bail. The application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA Digitally signed by ARUN KUMAR MISHRA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=51f931b13b82ad5df5aefb2200fa24abe6935164546dbcd5c17c43c78b5ee233, cn=ARUN KUMAR MISHRA Date: 2020.10.20 14:55:38 +05'30'