Madhya Pradesh High Court
Rewati Raman Singh @ Pratap Singh Thakur vs The State Of Madhya Pradesh on 4 July, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1 MCRC-24792-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 4 th OF JULY, 2024
MISC. CRIMINAL CASE No. 11745 of 2024
(MANOJ KUMAR PRAJPATI
Vs
THE STATE OF MADHYA PRADESH)
Appearance:
(SHRI SANJAY K. KUSHWAHA - ADVOCATE FOR THE APPLICANT. )
(BY SHRI S. K. GUPTA - PANEL LAWYER FOR RESPONDENT/ STATE.)
MISC. CRIMINAL CASE No. 20044 of 2024
(SAURABH KHARE @ PENCHKASH
Vs
THE STATE OF MADHYA PRADESH)
Appearance:
(SHRI SANJAY K. KUSHWAHA - ADVOCATE FOR THE APPLICANT. )
(SHRI S. K. GUPTA - PANEL LAWYER FOR RESPONDENT/ STATE. )
MISC. CRIMINAL CASE No. 24792 of 2024
(REWATI RAMAN SINGH @ PRATAP SINGH THAKUR
Vs
THE STATE OF MADHYA PRADESH)
Appearance:
(SHRI S. N. PANDEY - ADVOCATE FOR THE APPLICANT.)
( SHRI S. K. GUPTA - PANEL LAWYER FOR RESPONDENT / STATE. )
ORDER
This is first bail application on behalf of applicant Rewati Ram Singh @ Pratap Singh Thakur and third bail application o f applicants Manoj Kumar Prajapati and Saurabh Khare under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.29/2023 dated 19.1.2023 registered at Police Station Kotwali, District Chhatarpur (M.P.) for the offence punishable under Sections 147, 148, 149, 294, 323, 327, 336, 506, 307 of IPC and Section 25, 27 of Arms Act, 1959.
Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/5/2024 10:12:41 AM2 MCRC-24792-2024 Applicants Manoj Kumar Prajapati and Surabh Khare are in detention since 12.7.2023 and applicant Rewati Raman is in detention since 17.7.2023.
Fi r s t and second bail application of applicants Manoj Kumar Prajapati and Saurabh Khare were dismissed as withdrawn and not pressed vide orders dated 30.10.2023 and 6.2.2024 passed in M.Cr.C.Nos.44827/2023 and 3009/2024 & orders dated 5.12.2023 and 6.2.2024 passed in M.Cr.C. Nos.51569/2023 and M.Cr.C. No.4980/2024 respectively.
2. As per the prosecution story, on 19.1.2023 Manoj Sharma lodged an FIR stating that he does painting work at Faridabad Hariyana. 17 years ago he purchased a plot in Durga Colony. Five- six days back when he was cleaning his plot, seven - eight persons came and asked him as to what he is doing. He said that it is his plot. They asked him to give money before starting any construction work. These persons were Abhishek Singh Parihar, Sourabh Khare, Shubham @ Shivam Singh Thakur, D.P. @ Dipendra Rajput, Sachit Singh, Manoj Prajapati, Ravi Dau and Pratap Thakur. Being scared of these persons, he went back to his village. On 19.1.2023 in morning he along with his maternal uncles Gouram Sharma, Ram Sharma, cousin Ramdayal Sharma and maternal uncle in law Ramraj Sharma was preparing to start construction work at his plot, his neighbor Mangu Chourasiya was also there. At around 11 A.M. Abhishek Singh, Sourabh Khare, Ravi Dau, Manoj Prajapati and Hemant Rajput armed with wood stick and Pratap Thakur, Sachit Singh, Shubham @ Shivam Singh Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/5/2024 10:12:41 AM 3 MCRC-24792-2024 Thakur and Deependra Rajput armed with fire arms came and abused them and asked as to why they started construction working without their permission and started to beat them by means of wood stick. Abhishek Singh and Sourabh Khare exhorted to kill all by firing gun shots. At this, Pratap Thakur, Sanchit Singh and Deependra Rajput started firing in air from their country made pistols. When to save themselves they were entering into the house of Vishwakarma, Shubham @ Shivam Singh Thakur with an intention to kill him fired gun shot causing injury on the back of the waist of Ramdayal Sharma. They all were firing gun shots and were extending threats that if they ever dare to start construction work without giving money to them, they will eliminate them.
3. Learned counsel for the applicants has submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. The only allegation against them is of causing injury by means of wood sticks. Therefore, it is prayed that the applicants may be released on bail.
4. On the other hand, learned counsel for the State has opposed grant o f bail and has submitted that applicant Manoj Kumar Prajapati has criminal background of three cases, while Saurabh Khare has criminal background of five cases.
5. In this case, all injured persons have already been examined before the trial Court. Considering the allegations that these persons had caused injuries by means of wood stick and the fact that material witnesses have already been examined before trial Court, but without expressing any Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/5/2024 10:12:41 AM 4 MCRC-24792-2024 opinion on merits of the case, I am inclined to release the applicants on bail. Consequently, these bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed.
6. It is directed that applicants - Manoj Kumar Prajapati, Saurabh Khare and Rewati Raman Singh @ pratap Singh Thakur be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/5/2024 10:12:41 AM