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Madhya Pradesh High Court

Sevak Singh vs The State Of Madhya Pradesh on 25 June, 2014

                   1                           M.Cr.C.No.3917/2014

                    Sewak Singh Vs. State of M.P.
25.06.2014
      Applicant by Shri Rajmani Bansal, Advocate.
      Respondent/State by Ms. Nutan Saxena, PP.

Heard on the bail application.

This is the first bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.172/2013 registered at Police Station, Chachoda, District Guna (M.P), for the offence punishable under Sections 307m 436, 333, 147, 148 and 149 of IPC and Section 3 of Lok Sampati Kshati Nivaran Adhiniyam.

As per the prosecution case, a report was lodged that on 11.04.2014 rape was committed with a minor girl aged five years and attempt to commit murder of grand-mother of the victim was also made. Crime No.171/2014 under Sections 376, 307 of IPC and Section 06 of Protection of Children from Sexual Offences Act, 2012 has been registered. On the complaint alleging that local government doctors have not properly treated the girl, Vivek Meena, Ramesh Meena, Vishnu Meena, Diwan Gurjar, Anil Singh, Sanju Prajapati, Devendra Shivhare, Vikki Ghosi, Ramswaroop Meena, Bhola Shivhare, Bheekam Rana, Dileep Vishvakarma, son of Pappu Lodha, Shiram Meena, nephew of vimal Silawat, Dipak Kushwah, Dhanraj Meena, Kaptan Singh, Lokesh Meena, Guddaya Meena, Mukesh Rajput, Ankit Sharma, Devendra Meena, Gajraj Meena, Habeeb Khan, Ankit son of Pindu Sharma, Babulal Meena, Chhotelal Kushwah and 500-600 unknown persons pelted stones in the campus of Community Health Center, Beenaganj. They also damaged the government property. On receipt of information, the police force reached there. They saw that aforesaid persons and 500-600 unknown persons were setting the government vehicles on fire and were also damaging the 2 M.Cr.C.No.3917/2014 government property. They also broke the doors and windows of the houses of Dr. K.K. Bhargava and Dr. Reshma Pathan, who were residing in the campus, entered in their residences and assaulted them. They also committed loot in their houses and thereafter set their houses on fire. They also attacked the police force by means of Lathi, Danda and stones causing injures to Head Constable Brajmohan, PSI Sanjay Baraiya, PSI Ramsharma and some other police personnels. As the situation was going out of control, tear gas and Lathi charge was ordered and thereafter firing was ordered.

Learned counsel for the applicant submits that applicant has not committed any offence. He has falsely been implicated in this case. Learned counsel submits that so many persons were present at the place of occurrence and the applicant was merely standing there. It is further submitted that co-accused Sanju @ Sanjay has been granted bail vide order dated 17.06.2014 passed in M.Cr.C.No.3960/2014 and Raju has also granted bail vide order dated 19.05.2014 passed in M.Cr.C.No.3672/2014. On these grounds learned counsel for the applicant prays for grant of bail.

Prayer is opposed by learned counsel for the State. Perused the case dairy.

From the medical report of Dr. Jalaluddin, Dr. Krishna Kumar, Head Constable Brajmohan, SI Sanjay Kumar, PSI Ram Sharma, PSI R.S. Chauhan, SI Kashiram, Constable Sharad, Head Constable Mokam Singh, SI Tularam, Constable Deepchand, it appears that they have received injuries on their persons. From the statement of Dr. Reshma Pathan, Dr. Krishna Kumar, Dr. Jalaluddin, it appears that 150-200 persons armed with weapons entered in their houses and committed loot and also gave beating to them.

PSI Sanjay, PSI Rajendra Singh, SI Tularam and Constable Sharad in their statements have stated the presence of the applicant.

Considering the facts that applicant is not named in the FIR and co- accused has been granted bail, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000 / - (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of 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 they are 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.

A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.

(D.K.Paliwal) Judge bj/ -