Madhya Pradesh High Court
Gyan Singh Rathore vs The State Of Madhya Pradesh on 27 November, 2018
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MCRC-45082-2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-45082-2018
(Gyan Singh Vs. State of M.P.)
Gwalior, Dated : 27/11/2018
Shri Sohit Mishra, learned counsel for the applicant.
Shri Vivek Bhargava, learned Public Prosecutor 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, Cr.P.C. for grant of bail. The first application was dismissed on merits vide order dated 21/08/2018 passed in MCRC No.32055/2018.
The applicant has been arrested on 28/05/2018 by Police Station Ambah, District Morena in connection with Crime No.246/2018 registered in relation to the offence punishable under Sections 302, 336, 323, 294 read with 34 of the IPC.
Prosecution story, in short, is that on 27/05/2018 at about 5.30 PM Sonu Rathore along with his brother-in-law Shrigovind were sitting outside of their house. At that time, co-accused Rajesh Rathore came on the spot and started using abusive language, on which, the deceased Shrigovind asked him to narrate the words again what he told. Thereafter, the co-accused Rajesh Rathore by shouting used abusive language against the deceased Shrigovind. At that time, co-accused Rajesh's brother Gyan Singh, his sons Akash and Vikash came on the spot and thereafter they all started using abusive language against the complainant party and also pelted stones and bricks on them, due to which, Rinku sustained injuries. Thereafter, the co-accused Rajesh Rathore went inside his house and brought a "Bhala" from his house and inflicted blow of Bhala on the left side of the chest of the deceased Shrigovind, due to which, the deceased Shrigovind fell down on the earth. Thereafter, all the accused persons ran away from the spot. During treatment, the deceased Shrigovind succumbed to injuries. On the basis of aforesaid, the present applicant has been implicated in the present case.
2MCRC-45082-2018 Learned counsel for the applicant submits that the applicant aged about 38 years is a reputed citizen of the locality, who has no criminal antecedents alleged against him and he has been falsely implicated in the alleged offence. No overt act has been assigned to the applicant. The only allegation of pelting stones and bricks has been levelled against the applicant, due to which, Rinku sustained injuries. According to medical report, the injured Rinku has sustained simple injury. There is no allegation of killing the deceased Shrigovind. Rajesh Rathore is the main accused in the present case. The applicant is in jail since 27/05/2018 and early conclusion of trial is bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. Under these grounds and looking to the custody period of six months, applicant prays for grant of bail.
Learned Public Prosecutor for the State opposed the application on the ground that the deceased died due to collective efforts made by the accused persons including the applicant, therefore, the applicant is also equally responsible for commission of alleged offence. Looking to the gravity of the offence and role played by the applicant, he prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
After hearing the aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is inclined to grant the benefit of bail to the applicant but with certain stringent conditions.
Accordingly, it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/-(Rupees Fifty Thousand Only) to the satisfaction of the concerned trial 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 3 MCRC-45082-2018 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 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.
7. Till conclusion of the trial, the applicant shall appear and mark his attendance before the trial Court concerned once in every month, failing which, the bail order shall stand canceled automatically without further reference to the Court.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(S.A. Dharmadhikari) Judge rahul RAHUL SINGH PARIHAR 2018.11.30 18:03:40 +05'30'