Madhya Pradesh High Court
Baljit Singh vs The State Of Madhya Pradesh on 11 August, 2017
M.Cr.C. No.4945/2017 (Baljit Singh Vs. State of M.P.)
11.08.2017
Shri D.S. Kushwah, learned counsel for the
applicant.
Shri Rajesh Pathak, learned Public Prosecutor for
the respondent/State.
Shri M.K. Chaudhary, learned counsel for the complainant/objector.
On due consideration, I.A. No.3923/2017 is allowed and the counsel engaged by the complainant is permitted to assist the Public Prosecutor in arguing on the bail application.
Heard arguments.
Perused case diary and material on record. This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.763/2016 registered at Police Station Dabra district Gwalior against him and other co-accused persons for the offences punishable under Sections 147, 148, 149 and 302 of the IPC and 25, 27 of the Arms Act.
According to the prosecution, on 20.11.2016 in the afternoon, complainant Vinod Gurjar lodged the FIR alleging that on 20.11.2016, his brother-in-law Virendra Singh (since deceased) was going to his village Bona from Dabra driving his car bearing registration No.MP07CB2713. He and others were following his car travelling in another car. At about 4:00 pm near the triangular of Samudan village, 4 to 5 persons sitting in 2 M.Cr.C. No.4945/2017 (Baljit Singh Vs. State of M.P.) two cars each overtaking Virendra Singh's car fired from inside the two cars at him. As a result, he was died while driving his car and later his car overturned. He saw in two cars co-accused Omkar, Hardip, Tar Singh @ Kartar Singh, Pala Singh, Ladhi S/o Tara Singh, Yashpal, Balvinder Singh, Baljit Singh, the appellant herein and two unknown persons. He saw guns in the hands of co-accused Yashpal, Hardip and Pala Singh and they murdered at Virendra Singh on account of old enmity.
Learned counsel for the applicant submits that the applicant is in custody since 24.11.2016 and the charge- sheet had been filed. He submits that the appellant is falsely implicated in the case because he was not present at the time of incident. He submits that in the FIR, the complainant has specifically stated that co- accused persons namely Yashpal, Hardip and Pala had guns in their hands and they fired at Virendra Singh, meaning thereby, the applicant was empty hands at the time of incident at the most. He submits that this Court has granted bail to co-accused Sada Singh and the Court below has granted bail to co-accused persons namely Harvindar Singh @ Hinda, Harvindar @ Kala @ Balvindar and Devendra @ Ladi. He submits that the car of the applicant is similar to those of the co-accused persons who have been granted bail. Upon these submissions, he prays for grant of bail to the applicant.
Learned Public Prosecutor and the learned counsel for the complainant/objector have opposed the prayer.
3M.Cr.C. No.4945/2017 (Baljit Singh Vs. State of M.P.) They have also stated that two criminal cases under Sections 457, 380, 399, 400, 402 and 25, 27 of the Arms Act are registered against the applicant in addition to the the present case.
Taking into consideration the facts and circumstances of the case and the submissions raised on behalf of the parties by their counsel and the facts that the applicant has not fired at deceased Virendra Singh as per the FIR and the above named co-accused persons are granted bail and that they and the applicant are similarly placed in the case, but without commenting any opinion on merits of the case, I am of the view that a case is made out for grant of bail to the applicant. Hence, the application is allowed. It is, therefore, ordered that applicant Baljit Singh be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousand only) with one solvent surety of the same amount to the satisfaction of the court concerned for securing his presence in the course of trial of the case. The applicant shall abide by the conditions enumerated in Section 437(3) of the Cr.P.C. In case of bail jump, the Court concerned will have power to cancel the applicants' bail.
Certified copy as per rules.
(Rajendra Mahajan)
SS Judge