Madhya Pradesh High Court
Inder Kumar vs The State Of Madhya Pradesh on 1 October, 2018
The High Court of Madhya Pradesh
M.Cr.C.No.37910/2018
(INDER KUMAR Vs THE STATE OF MADHYA PRADESH )
1
2
Jabalpur, Dated : 1-10-2018
Shri Vasant Daniel with Ms.Shraddha Yadav, counsel for
the applicant.
Shri Amit Sharma, Government Advocate for the
respondent/State.
This is first bail application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant.
The applicant has been arrested in connection with Crime No.132/2018, registered at Police Station Lakhanwada, District Seoni, for the offences punishable under Sections 294, 323, 324, 342, 324, 506, 307 & 302 read with section 34 of IPC.
The allegation of prosecution is that on 18.5.2018 at about 10:00 pm when complainant Roop Singh Vishwakarma had heard some cries of 'Bachao-Bachao' from the house of co- accused Asharam Chandrawanshi, he reached there with some other persons, who had gathered there on hearing hue and cry and saw accused persons - Asharam Chandrawanshi, Ravi Chandrawanshi and two other persons were abusing and beating one unknown person with lathi, rod and fists by saying that they will kill the person. When complainant and other persons who were accompanying him intervened, the accused persons Asharam Chandrawanshi, Ravi Chandrawanshi and other accused persons absconded from the spot, but not before threatening the deceased of dire consequences if he was seen next time. The person whom the accused persons were beating was taken to the hospital and got admitted for treatment. Report of the incident had been lodged. On that basis, case has been registered. During the treatment, he died on 25.5.2018 because of the injuries sustained by him, particularly on his head and other parts of the body. On that basis offence under section 302 of IPC was added agaisnt the accused persons. During the course of investigation, it has come on record that the person The High Court of Madhya Pradesh M.Cr.C.No.37910/2018 (INDER KUMAR Vs THE STATE OF MADHYA PRADESH ) 2 who was beaten and died was Jagdish Soni, S/o Bhagwan Das Soni, R/o Jaiswal Colony, Seoni. The other persons who were accompanying the accused Asharam Chandrawanshi and Ravi Chandrawanshi were applicant Inder Kumar and one another accused Nandan Chandrwanshi.
Learned counsel for the applicant has submitted that the applicant has not committed any offence. The applicant has been implicated in the offence because of old rivalry. The applicant is not named in the FIR and no identification has taken place. There is contradiction regarding place of incident and statements of complainant and other witnesses. The applicant is a young man and has no criminal past. The applicant is in custody since 20.5.2018. The applicant is a permanent resident of the address shown in the application and is ready to furnish adequate surety that may be imposed by the Court. There is no likelihood of his absconding or tampering with the prosecution witness. Therefore, it is prayed that the applicant be released on bail.
Learned Government Advocate for State has opposed the application for bail.
From the perusal of case diary and other relavent documents, it is clear that specific name of applicant Inder Kumar is not mentioned in the FIR, but it has been narrated that the persons who were beating the decased Jagdish Soni were accused Asharam Chandrwanshi, Ravi Chandrwanshi, the son of his co-brother Bhondal Chandrawanshi, resident of village Datni, one other co-brother, R/o Suktara. It is not disputed that applicant Inder Kumar is the son of Bhondal Chandrawanshi. During the course of investigation the statements of eye witnesses have been recorded and they have narrated the names of present applicant and other co-accused persons, to have inflicted the fatal injuries to deceaed Jagdish Soni.
The High Court of Madhya Pradesh M.Cr.C.No.37910/2018 (INDER KUMAR Vs THE STATE OF MADHYA PRADESH ) 3 Looking to the facts and circumstances of the case, the seriousness of offence and the role attributed to the applicant, I am not inclined to grant bail to the applicant, at this stage.
Accordingly, this M.Cr.C., is dismissed.
(MOHD. FAHIM ANWAR) JUDGE M. Digitally signed by SANTOSH P MATHEWS Date: 2018.10.03 17:41:04 +05'30'