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Madhya Pradesh High Court

Shivam Raja @ Shiv Pratap Singh Parmar vs The State Of Madhya Pradesh on 15 July, 2022

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                      1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                  BEFORE
                                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                              ON THE 15th OF JULY, 2022

                                                   MISC. CRIMINAL CASE No. 34433 of 2022

                                            Between:-
                                            SHIVAM RAJA @ SHIV PRATAP SINGH PARMAR
                                            S/O SHRI JODHAN SINGH PARMAR , AGED
                                            ABOUT        21      YEARS, OCCUPATION:
                                            AGRICULTURIST VILLAGE PARWA POLICE
                                            STATION SATAI DISTRICT CHHATARPUR M.P.
                                            (MADHYA PRADESH)

                                                                                                   .....PETITIONER
                                            (BY SHRI GOPI CHOURASIYA-ADVOCATE )

                                            AND

                                            THE STATE OF MADHYA PRADESH THROUGH
                                            POLICE    STATION    SATAI   DISTRICT
                                            CHHATARPUR M.P. (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                            (BY MS.SHIKHA SINGH BAGHEL-PANEL LAWYER )

                                          This application coming on for admission this day, the court passed the
                                    following:
                                                                       ORDER

T he applicant has filed this third application under section 439 of the Cr.P.C. for grant of bail. His first application was dismissed as withdrawn vide order dated 03.12.2021 passed in M.Cr.C.No.43254/2021; whereas second application has been dismissed vide order dated 01.02.2022 passed in M.Cr.C.No.1586/2022.

SAN Applicant has been arrested on 08.06.2021 by Police Station Satai, Digitally signed by TRUPTI GUNJAL Date: 2022.07.15 19:24:06 IST District Chhatarpur (M.P.) in connection with Crime No.151/2021, registered in 2 relation to the offences punishable under Sections 147, 148, 149, 302, 294, 325, 326 of the IPC and under Section 25/27 of the Arms Act.

T h e prosecution story, in short, is that on 25.05.2021 about 8:30 a.m.when complainant Akhilesh Yadav was curing water in the newly constructed house and his uncle Ramlal was standing near the pond watching the house. At that point of time, the present applicant along with other co- accused persons assaulted Ramlal Yadav and co-accused Ajay Raja and Jodhan Singh assaulted him by Gun, resultantly Ramlal Yadav got died. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 08.06.2021. Charge-sheet has been filed, therefore, no further custodial interrogation is required. There is no evidence available on record to show that the applicant has committed murder of deceased Ramlal Yadav. The postmortem report does not disclose that any injury was caused by hard and blunt object. The deceased died due to Gun shot injury. Omnibus allegations have been levelled against the present applicant. No specific overt act is attributed to the applicant. The prosecution witnesses have been examined and they have not stated anything about the present applicant except that he was present on the spot holding lathi. Applicant is permanent resident of District Chhatarpur (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. Learned counsel further submits that on similar facts and circumstances, co-accused Mulayam Singh has been granted bail by this Court vide order 08.07.2022 Signature Not Verified SAN passed in M.Cr.C.No.27213/2022. With the aforesaid submissions, prayer for Digitally signed by TRUPTI GUNJAL Date: 2022.07.15 19:24:06 IST grant of bail is made out.

Learned Public Prosecutor for the State 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 of bail is made out.

Af t er hearing aforesaid arguments and looking to the facts and circumstances of the case as also the fact that on similar facts and circumstances co-accused has been enlarged on bail by this Court, therefore with a view to maintain parity, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely- Shivam Raja alias Shiv Pratap Singh Parmar be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court/committal 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 co-operate 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 with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Office, as the case may be;

4. The applicant will not seek unnecessary adjournments during the trial;

and Digitally signed by TRUPTI GUNJAL

5. The applicant will not leave India without previous permission of the Date: 2022.07.15 19:24:06 IST 4 trial Court/Investigating Officer, as the case may be.

6. If the applicant commits any offence after being released on bail, then this order shall automatically stand cancelled without reference to the Court.

A copy of this order be sent to the Court concerned for compliance. C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE TG /-