Madhya Pradesh High Court
Dhruv Singh vs The State Of Madhya Pradesh on 10 May, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 10th OF MAY, 2022
MISC. CRIMINAL CASE No. 23120 of 2022
Between:-
DHRUV SINGH S/O HAKIM SINGH PARIHAR ,
AGED ABOUT 22 YEARS, GRAM KHIRIYA
JHANSI TEHISL BHANDER (MADHYA PRADESH)
.....PETITIONER
(BY SHRI D.S.NIRANJAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION R/O BHANDER DISTRICT
DATIA M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI R.K. AWASTHI, PUBLIC PROSECUTOR AND SHRI
SANKALP SHARMA, ADVOCATE FOR COMPLAINANT)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 12.4.22 by Police Station, Bhander District Datia in connection with Crime No.154/2021 for the offence punishable under Sections 341, 294, 323, 324, 506, 34 of IPC further added 307, 147, 148, 149 of IPC.
In brief case of the prosecution is that on 20.06.2021 at 9 pm complainant Jahar Singh in injured position lodged an FIR with Police Station Bhander District Datia against Harivallabh Yadav, Vivek Yadav, Saurabh and 2 Sarvesh that on 20.6.21 in the evening 6 pm he was going alongwith his nephew Sahab Singh and Ashok Kumar by Tractor from his house to field. When they passed through the house of accused Harivallabh, he stopped them and Vivek Yadav due to previous enimity started abusing them and told that why you passed your tractor from this way. By getting off the vehicle, when they asked them to stop abusing, then Vivek assaulted with axe on the head of Sahab Singh due to which blood started oozing out. Harivallabh assaulted with axe on the head of Suresh which hit on his left ear due to which blood started oozing out. Saurabh alias Raja Bhaiya assaulted with Lathi on the left ribs of Ashok due to which he sustained minor injuries. Sarvesh assaulted with Lathi on the left shoulder of Ashok due to which he sustained minor injuries. Another Lathi blow was inflicted on the left shoulder of Sahab Singh. When the complainant ran to save his nephew Sahab Singh and Ashok, accused pushed him due to which he fell down and all the accused assaulted him with kick and fist blows due to which minor injuries were inflicted on several parts of his head. On listening his cries, his nephew Pradeep Yadav and Sumit Singh came there and intervened the matter. On his report Crime No.154/2021 for the offence punishable under Sections 341, 294, 323, 324, 506, 34 of IPC was registered against present applicant and others. Injured were sent for medical examination. Injured Ashok has been advised for x-ray. As per medical report, injuries of Ashok are dangerous to life. His condition is critical. Statement of witnesses were recorded. After three days statement of complainant Jahar Singh was recorded in which nowhere he has stated that applicant Dhruv Singh was involved in commission of offence. After 15 days statement of Harishankar and Mohan were recorded. They attributed against present applicant that he was also present at the spot. After about 7 days of incident without assigning any reason 3 statement of complainant Jahar Singh second time was recorded in which he implicated the present applicant. Applicant is in custody since 12.4.22.
It is submitted by learned counsel for complainant submitted that statement of main injured witness Ashok could not be recorded till today. He is not in a position to give statement Per contra, it is submitted by learned counsel for the applicant that complainant Jahar Singh alongwith Injured Ashok and Sahab Singh was present on the spot. After seeing the whole incident, he lodged report against Harivallabh Yadav, Vivek Yadav, Saurabh @ Rajabhaiya Yadav and Sarvesh Yadav but in his report nowhere he alleged against present applicant. It is also submitted that applicant is innocent and he has been falsely implicated. Conclusion of trial will take time. On such premises, prayer for bail is made by learned counsel for applicant..
Learned counsel for the State opposed the application and prayed for its rejection.
Learned counsel for the rival parties are heard. Case diary is perused. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date. Application stands allowed and disposed of.
Certified copy as per rules.
4(DEEPAK KUMAR AGARWAL) JUDGE ojha YOGENDRA OJHA 2022.05.10 18:27:02 +05'30'