Madhya Pradesh High Court
Naresh Yadav @ Naresh Pradhan @ Naresh ... vs The State Of Madhya Pradesh on 29 July, 2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 27767/2019
(Naresh Yadav alias Naresh Pradhan alias Naresh Babba Vs. State of
M.P.)
(1)
Gwalior, dated : 29/7/2019
Shri Sushil Goswami, Advocate for the applicant.
Shri Purushottam Pandey, Public Prosecutor for the
respondent-State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Maharajpura, District Gwalior, in connection with Crime No.500/2018 registered in relation to the offences punishable under sections 224, 225, 332, 353, 395, 397, 120B of the IPC, 11/13 of the MPDVPK Act and 25, 27 of the Arms Act.
Prosecution story, in short, is that on 07/12/2018 at about 6:30 AM, in order to facilitate taking of accused- Bheema @ Jitendra Yadav from Central Jail Bhopal for his appearance before District Court at Bhind, the present applicant -Sonpal @ Sohanpal Baghel Constable No.3471 who is nephew of the accused -Bheema @ Jitendra Yadav brought a Bolero vehicle and took accused- Bheema @ Jitendra Yadav along with police party to the Railway THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 27767/2019 (Naresh Yadav alias Naresh Pradhan alias Naresh Babba Vs. State of M.P.) (2) Station. Along with the present applicant, the co-accused Vicky was also present in the bolero vehicle. The police party along with accused-Bheema @ Jitendra Yadav boarded A.P. Express for coming to gwalior and co -accused Vicky also sat in the train with them. When the police party and accused -Bheema @ Jitendra Yadav alighted at Gwalior, co-accused- Vicky arranged for a Scorpio vehicle for taking them to District Court Bhind while he himself stayed back at Gwalior station. The police party presented the accused -Bheema @ Jitendra Yadav before the Court of ADJ, at Bhind. While returning, the driver of the Scorpio stopped the vehicle near an old building on the pretext of easing himself. At that time, a white coloured vehicle came and stopped besides the Scorpio vehicle, from where 7-8 miscreants came out. They threw chilly powder in the eyes of police party. They also gave butt blows of rifle on the heads and faces of the constables and when the complainant who is also a constable tried to intervene, he was also pushed aside. In the scuffle, magzine of rifle of constable Vivek Sharma got broken. At this juncture, accused- Bheema @ Jitendra Yadav alighted from the vehicle and after snatching rifle of constable- Vivek Sharma sat in the nearby vehicle along with THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 27767/2019 (Naresh Yadav alias Naresh Pradhan alias Naresh Babba Vs. State of M.P.) (3) another accused person who had snatched rifle of constable- Hakim Khan. They also took Constable- Pramod Yadav and fled in the white coloured vehicle. Thereafter, the black Scorpio also followed them leaving police party behind. On the aforesaid basis, crime has been registered.
Learned counsel for the applicant submits that the applicant has been falsely implicated. His name neither finds mention in FIR nor in 161 statements of the witnesses. He has been implicated on the basis of memorandum of accused Bheema recorded under section 27 of the Evidence Act which reflects that accused Bheema was informed about complicity of present applicant by his brother Devendra. He has not been identified in the Test Identification Parade. Charge-sheet has been filed and no further custodial interrogation is required. He is a permanent resident of Village Behata Sant P.S. Chirgavan, District Jhansi and there is no likelihood of his absconsion. With the aforesaid submissions, prayer for grant of bail is made.
Learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 27767/2019 (Naresh Yadav alias Naresh Pradhan alias Naresh Babba Vs. State of M.P.) (4) of bail is made out.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Naresh Yadav alias Naresh Pradhan alias Naresh Babba be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 27767/2019 (Naresh Yadav alias Naresh Pradhan alias Naresh Babba Vs. State of M.P.) (5) with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(S.A. Dharmadhikari) Judge (and) ANAND SHRIVASTAVA 2019.07.30 14:23:49 +05'30'