Madhya Pradesh High Court
Hari Narayan Dwivedi vs The State Of Madhya Pradesh on 7 March, 2022
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 7th OF MARCH, 2022
MISC. CRIMINAL CASE No. 9220 of 2022
Between:-
HARI NARAYAN DWIVEDI S/O LATE SHRI JANKI
PRASAD DWIVEDI , AGED ABOUT 43 YEARS,
OCCUPATION: FARMER R/O SOHAGI, P.S.
GUNAUR, DISTRICT PANNA (M.P.) (MADHYA
PRADESH)
.....APPLICANT
(SHRI ANIL KAHRE, LEARNED SENIOR COUNSEL WITH SHRI SAHIL
SHARMA, LEARNED COUNSEL FOR THE APPLICANT )
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
GUNAUR DISTRICT PANNA (M.P.) (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI PRADEEP DWIVEDI, LEARNED PL FOR THE RESPONDENT-
STATE )
SHRI SHIVAM CHALLOTRE, LEARNED COUNSEL FOR THE
OBJECTOR.
This M.Cr.C. coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of a case diary.
This is the first application under Section 439 of the Cr.P.C. for grant of bail. Applicant Hari Narayan Dwivedi was arrested on 09/10/2021 in connection with Crime No.346/2021 registered at Police Station Gunaur, District Panna (MP) for the offence punishable under Section 279, 337, 304A, 307, 302, 34 of the IPC and Section 184 of the Motor Vehicles Act.
As per prosecution case on 03/10/2021 Rajendra Singh informed the Police that two persons were lying in an injured state at Jamunia Turn, near Roshan Badai'™s field, on that Rajendra Singh Bandela, Assistant Sub-Inspector, Police Station Gunaur, District Panna went to the spot, where he found two persons lying on the road, out of which one person had died, one tractor driver dashed them and Signature Not Verified SAN the tractor was also standing there. Shyam Sundar was also present on the spot, he Digitally signed by MANOJ NAIR Date: 2022.03.07 16:51:16 IST identified the deceased as Ramsujan and the injured as Sharad Dwivedi. On that he 2 registered Crime No.346/2021 at Police Station Gunaur, District Panna for the offences punishable under Sections 279, 337, 304-A, 184 of the IPC against the driver of the tractor and investigated the matter. During investigation, it was found that applicant Harinarayan Dwivedi caused that accident and at that time co-
accused Vrindavan Dwivedi was also travelling in the tractor and due to old enmity, applicant Harinarayan Dwivedi intentionally dashed the motorcycle on which deceased Ramsujan and injured Sharad Dwivedi were travelling. On that Police also implicated the applicant in the crime and also added Section 302 and 307 of the IPC against applicant and co-accused Harinarayan Dwivedi and arrested the applicant on 09/10/2021.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime. It is a simple case of an accident. The statement of Sharad Kumar Dwivedi, on the basis of which Police added Sections 302, 307 of the IPC against the applicant and co-accused was recorded by the Police on 13/11/2021, while the incident took place on 03/10/2021. He falsely implicated the applicant in the crime. The applicant has been in custody since 09/10/2021. The charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.
Learned counsel for the State as well as objector opposed the prayer and submitted that due to old enmity, applicant Harinarayan intentionally caused the incident, in which Ramsujan died and Sharad Dwivedi sustained grievous injuries. Sharad Dwivedi was admitted in the hospital for some time due to which his statement could not be recorded immediately after the incident and police recorded his statement after his discharge from the hospital. Earlier also one case regarding offence punishable under Section 304-A of the IPC was registered against the applicant and co-accused Vrindavan Dwivedi, so he should not be released on bail.
Looking to the facts and circumstances of the case, the contention of the learned counsel for the State as well as Objector and the fact that in the case diary Signature Not Verified SAN statement of injured Sharad Dwivedi, it is clearly mentioned that applicant Digitally signed by MANOJ NAIR Date: 2022.03.07 16:51:16 IST intentionally caused the incident, at this stage, this Court is not inclined to grant bail 3 to the applicant.
Hence, the M.Cr.C. is rejected.
(RAJEEV KUMAR DUBEY) JUDGE mn Signature Not Verified SAN Digitally signed by MANOJ NAIR Date: 2022.03.07 16:51:16 IST