Madhya Pradesh High Court
Anil Gaud vs The State Of Madhya Pradesh on 18 December, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 18 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 53476 of 2023
BETWEEN:-
ANIL GAUD S/O SHRI LAXMAN GAUD, AGED ABOUT 26
YEARS, OCCUPATION: STUDY INDRAPRASTH COLONY
DISTRICT VIDISHA (MADHYA PRADESH)
.....APPLICANT
(SHRI RAJ BAHADUR SINGH TOMAR WITH SHRI RAJ KUMAR
SHRIVASTAVA- ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KOTWALI DISTRICT VIDISHA (MADHYA
PRADESH)
.....RESPONDENT
(SHRI A.K. SHUKLA - PUBLIC PROSECUTOR)
(SHRI BASANT KUMAR CHATURVEDI- COUNSEL FOR THE
RESPONDENT/COMPLAINANT)
This application coming on for hearing this day, the court passed the
following:
ORDER
The first bail application has been filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.498/2021 registered at Police Station- Kotwali, District Vidisha (M.P.) for the offence punishable under Sections 306 and 34 of IPC.
A s per the case of prosecution, Sub-Inspector K.K. Pawar, Vidisha received information during night patrolling that two dead bodies of unknown 2 persons have been found near railway down track, Rangai Bridge. On intimation received from Station Master, Vidisha, Unnatural Death Nos.56/21 and 57/21 were registered. Both the dead bodies were taken to District Hospital, Vidisha. Gajanand Raikwar identified one of the dead body as his son Arun Raikwar and other dead body as Aman Jadoun S/o Vikram Singh. One mobile phone was recovered and seized from full paint of deceased Arun Raikwar. After panchnama, post-mortem examination of dead bodies of deceased Arun Raikwar and Aman Jadoun was conducted. The Medical Officer opined that Arun and Aman had died due to shock and hemorrhage as a result of multiple injuries and the findings are consistent with given history of railway track accident. The statement of witness Gajanand Raikwar, Amit, Ashish and Shakti Singh were recorded on 12.08.2021 and 09.09.2021. They did not suspect anything. The mobile phone recovered from dead body of Arun Raikwar was forwarded for digital forensic examination. One video was recovered from it. The video was displayed to Vikram s/o Babu Lal Jadoun in presence of Shakti Singh and Anshul. It was identified that Aman and Arun (deceased) have recorded this video stating that they are committing suicide due to Raj Kariya, Anil Gond, Ankit @ Tunda, Prince and Anshul. Statement of Shakti Singh and Vikram Singh were recorded on 08.10.2023 wherein they have stated that after witnessing the video they are of the opinion that nobody has killed Arun and Aman, they had committed suicide due to harassment of Raj, Ankit, Prince, Anil and Anshul. Gajanand Raikwar submitted written complaint before the Chief Judicial Magistrate, Vidisha alleging that his son Arun Raikwar and Aman Jadoun have been killed by Akash Paliya, Anil Gond, Amit Kirar, Ankit Yadav, Kes hu Rajput, Ashish Rajput and Raj Raikwar over previous enmity. The complaint was referred to PS- Kotwali under Section 156(3) of CrPC. PS-
3Kotwali, Vidisha registered FIR at Crime No.498/2021 for offence punishable under Sections 302, 147, 148, 149, and 120-B of IPC on 12.11.2021. During investigation, supplementary statements of Gajanand, Amit, Prahalad, Sujeet were recorded on 28.11.2022, wherein they alleged that Arun Raikwar was called by Laksh Shrivastava and Aman Jadoun on the pretext of compromise with regard to incident on 24.06.2021. Aman Jadoun and Arun Raikwar went to Kranti Chowk from their, Arun, Aman, Laksh, Akash, Anil, Amit, Keshu, Ashish, Ankit and Raj went to Madhav Udyan, thereafter, Arun Raikwar went missing. The accused has committed murder of Arun and Aman Jadoun and thrown their dead bodies on railway track. The Medical Officer, on specific query about the injuries found on the dead bodies, opined that the injuries are not homicidal in nature. On completion of investigation with permission of Superintendent of Police, Final Report was submitted for offence punishable under Section 306 of IPC against Raj, Anil, Ankit and Prince.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant is falsely implicated in this matter on the basis of video recorded statement of the deceased. In the video recorded statement, deceased have merely mentioned that they are committing suicide due to the applicant and other persons, but no reasons have been assigned for alleged suicide. Learned counsel contends that no offence of abetment of suicide is made out against the applicant on the basis of alleged statement of deceased. Applicant is aged 26 years. No criminal antecedent is reported against the applicant. Applicant is pursuing his MBA from LNCT University, Bhopal. There is no likelihood of his absconsion leaving behind his family and studies. No further custodial interrogation is required in the matter. There is no 4 likelihood of tampering with the evidence by the applicant. Jail incarceration would bring social disrepute to the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of anticipatory bail.
Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence and prays for its rejection.
Learned counsel appearing on behalf of the complainant submits that it is a case of murder under Section 302 of IPC. The Investigation Officer has committed an error in converting the allegation of murder into abetment of suicide, therefore, applicant may not be extended benefit of anticipatory bail.
In reply, learned counsel for the applicant submits that the investigation clearly concludes that no homicidal death was found, therefore, offence punishable under Section 302 of IPC was not made out. Further, there is no incriminating evidence or circumstance available involving the applicant in alleged offence.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that in the event of his arrest, applicant- Anil Gaud shall be released on bail in relation to the Crime No.498/2021 registered at Police Station- Kotwali, District Vidisha (M.P.) for the offence punishable under Sections 306 and 34 of IPC, upon furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety of the same amount to the satisfaction of the officer making arrest, for compliance with the 5 following conditions:
(1) The applicant shall remain present on every date of hearing as may be directed by the concerned Court;
(2) Applicant shall not commit or get involved in any offence of similar nature;
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE VIJAY Vijay Digitally signed by VIJAY TRIPATHI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH TRIP GWALIOR, 2.5.4.20=663cb09dd950bfc3ea7ed 4f02d97ddae5364f1d4b042dbc59 921b76e812d2d6b, postalCode=474001, st=Madhya Pradesh, ATHI serialNumber=58392D8C4E7C969 3BFEEB5B46B3CA006F1127E89008 952BBEC528CE4D82551BD, cn=VIJAY TRIPATHI Date: 2023.12.19 16:41:30 +05'30'