Madhya Pradesh High Court
Ramveer Ojha vs The State Of Madhya Pradesh on 5 August, 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 5th OF AUGUST, 2022
MISC. CRIMINAL CASE No. 37068 of 2022
Between:-
RAMVEER OJHA S/O LT SHRI MANSHRAM @
MANSHARAM OJHA, AGED ABOUT 42 YEARS,
VILL GUARAI PS RON (MADHYA PRADESH)
.....PETITIONER
(SHRI AJAY KUMAR DWIVEDI, LEARNED COUNSEL FOR
PETITIONER)
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION P.S. RON (MADHYA PRADESH)
.....RESPONDENTS
(SHRI PAWAN SINGH RAGHUVANSHI, LEARNED PUBLIC
PROSECUTOR FOR STATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn by order dated 28.06.2022 passed in M.Cr.C. 31138/2022.
Applicant has been arrested on 11.04.2022 by Police Station, Raun, District Bhind (MP), in connection with Crime No.196/2021 for the offence punishable under Sections 294, 323, 506, 34 of IPC and enhanced sections 307, 324 of IPC.
In brief, the prosecution case is that on 19.08.2021 complainant Dinesh Ojha lodged a report at Police Station Raun, District Bhind along with his 2 brother Manoj Ojha and Ramakant Ojha that on 18.8.2021 his family members, Ramu Ojha, applicant-Ramveer Ojha and Shyam Ojha ploughed his Nariyawala field. When he objected, they told him that the field is in their ownership and started abusing with filthy language. He went back to his house. Next day on 19.8.2021 at 8.45 PM when he was sitting at the door of his house, accused Ramu along with applicant-Ramveer Ohja and Shyam Ojha came there, due to previous incident started abusing with filthy language. When he objected, applicant- Ramveer assaulted him with axe on his left forehead above the eyes, due to which blood was oozing out. Co-accused Ramu assaulted with lathi on his head and blood was oozing out. Shyam assaulted with lathi on his right hand angle. Ramakant Ojha and Manoj Ojha intervened. On his report, a crime under sections 294, 323, 506, 34 of IPC was registered. He was sent for medical examination. In CT scan linear fracture in left side of parietal bone was found. He was admitted in BIMR hospital, Gwalior from 20.8.2021 to 3.9.2021. Thereafter from 10.09.2021 to 11.9.2021. Injury was of grievous nature. Later on offence under section 307 IPC was enhanced and the applicant-accused was arrested.
From the side of applicant-accused it is argued that the field they ploughed is their ancestral property as their ancestors donated the said filed to them. The injured want to dispossess them. It is further submitted that applicant has been falsely implicated in the case. He has not committed any offence. Conclusion of trial will take its own time. The applicant is ready to abide by all the conditions as may be imposed by the Court. Co-accused Ramu Ojha has been extended benefit of bail by this Court by order dated 29.03.2022 passed in M.Cr.C. 13832/2022. On such premises, learned counsel for the applicant prayed for bail.
3Learned counsel for the State vehemently opposed the application and has prayed for its rejection.
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.
Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
YOGENDRA
OJHA
(DEEPAK KUMAR AGARWAL)
2022.08.05 JUDGE
18:06:56 +05'30'
ojha