Madhya Pradesh High Court
Rambabu vs The State Of Madhya Pradesh on 28 May, 2018
THE HIGH COURT OF MADHYA PRADESH
1
M.Cr.C. No.17390/2018
(Rambabu vs. State of Madhya Pradesh)
Indore, Dated:28/05/2018
Shri M.M. Bohra, learned counsel for the applicant.
Shri Abhishek Soni, learned Public Prosecutor for the
respondent/State.
Heard, case-diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.2/2018, registered at police Station-Bhojpur, District-Rajgarh (Biaora), for offence punishable under Sections 147, 148, 294,326, 302, 307 read with Section 149 of the IPC.
As per prosecution case, on 02/01/2018, complainant- Gangaram lodged a report that at about 1:00 p.m. when he was sitting infront of his house, then Baje Singh and Hajarilal came there and told him why are you taking electricity connection from our pole and they abused him. When complaint stopped them, then Baje Singh and Hajarilal caused him injries on his head by farsi and lathi respectively, due to which he sustained injuries and shouted. On hearing his noise, Prabhulal, Mangilal, Harisingh, Kamal Singh, Bapulal, Bankatlal, Gitabai, Prembai (wife of Bankat), Prembai (wife of Gangaram) came there to rescue him. Thereafter, co-accused Purilal, Chander Singh, Ramcharan, Mangilal, Ramesh, Rambabu, Bhairulal, Nandram, Suresh also reached their armed with farsis and lathis. Nandram gave a farsi blow on the neck of the Prabhulal and Prabhulal tried to stopped him from his right hand, then his wrist got cut and fell down. When Prembai (wife of complainant) came to rescue him, then co-
THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No.17390/2018 (Rambabu vs. State of Madhya Pradesh) accused Ramlal and Ramcharan killed her by throatling. Co- accused Ramesh caused injuries to Geetabai on her head and right hand. Co-accused Bhairulal gave a farsi blow on the head of Kamal. Applicant gave a lathi blow on the leg of Harisingh. Co- accused Suresh gave a farsi blows on the head and hand of the Bankat. Co-accused Chander Singh gave a lathi blow on the left elbow and finger of Mangilal. Co-accused Bapulal gave a farsi blow on the head of Prembai (wife of Bankat) and Mangilal gave a lathi blow on her wrist. Thereafter, all the accused persons fled away from the spot.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present crime. There was a free fight has taken place between both the parties, in which 10 persons of the applicants side has also sustained injuries and on the basis of report lodged by Hajarilal a cross case bearing Crime No. 3/2018 was registered against the complainant party at Police-Station-Bhojpur for the offence under Sections 147,148,149, 294, 307, 323, 324, 325,326 and 506 of the IPC. However, Prembai (wife of the complainant Gangaram) died in the incident, but there is no allegation against the present applicant that he has caused any injury to the deceased-Prembai. The only allegation against the applicant is that he gave a lathi blow on the leg of injured-Harisingh, due to which he sustained simple injuries. The applicant is in custody since 01/01/2018. Investigation is over and charge-sheet has been filed. The THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No.17390/2018 (Rambabu vs. State of Madhya Pradesh) applicant is the permanent resident of Rajgarh (Bioara) and there is no possibility of his absconsion or tempering with the evidence. Conclusion of trial will take considerable time. Under these circumstances, he prays for grant of bail to the applicant.
Learned counsel for the State opposed the prayer by contending that the applicant came to the house of the complainant armed with deadly weapons and they have caused grievous injuries to complainant party. Under these circumstances he prayed for rejection of the application.
Considering the fact that injuries inflicted by the applicant on the complainant side are found to be simple in nature, but without commenting on the merits of the case, this application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.75,000/-(Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
(S. K. AWASTHI)
skt V. Judge
Digitally signed by Santosh
Kumar Tiwari
Date: 2018.05.30 13:10:15 +05'30'
THE HIGH COURT OF MADHYA PRADESH
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M.Cr.C. No.17390/2018
(Rambabu vs. State of Madhya Pradesh)