Rajesh Ojha vs The State Of Madhya Pradesh on 5 July, 2022

[Cites 8, Cited by 5]

Madhya Pradesh High Court

Rajesh Ojha vs The State Of Madhya Pradesh on 5 July, 2022

Author: Rajeev Kumar Shrivastava

Bench: Rajeev Kumar Shrivastava

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                           ON THE 5th OF JULY, 2022

                MISC. CRIMINAL CASE No. 32396 of 2022

         Between:-
         RAJESH OJHA S/O SHRI MAHARAM OJHA ,
         AGED ABOUT 40 YEARS, TELI MOHALLA
         ASHOKNAGAR (MADHYA PRADESH)

                                                                .....APPLICANT
         (BY SHRI RISHIKESH BOHARE - ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH INCHARGE
         POLICE STATION PS ARON (MADHYA PRADESH)

                                                      .....RESPONDENT/STATE
         (BY SHRI KULDEEP SINGH - PUBLIC PROSECUTOR)

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

The applicant has filed this first application under Section 439 Cr.P.C for grant of bail.

Applicant has been arrested on 12/10/2021 by Police Station Aron, District Guna (M.P.) in connection with Crime No.598/2021 registered for offence under Sections 302, 323, 450, 34, 120-B, 394, 460 of IPC.

It is submitted by learned counsel for the applicant- Rajesh Ojha that the applicant is innocent and he has not committed any offence. The applicant is in custody since 12/10/2021 i.e., around nine months. It is further submitted that the main eye witness-Sonu has been examined before the trial Court and he has not supported the prosecution case and has turned hostile. The name of the 2 present applicant is not reflected in FIR and his name has been implicated in this case. The applicant was not involved in the incident rather his sister was abducted by the complainant party, therefore, he reached to the house of complainant to ask about his sister. There is no mens ria of applicant. It is also submitted that three prosecution witnesses namely Sonu (PW-1), Lalaram (PW-

2) and Shyam Ojha (PW-3) have been examined wherein there are no stated anything against the present applicant. Remaining trial will take its own time. Applicant is ready to abide by any condition which may be imposed by this Court. Hence, learned counsel prays for grant of bail to the present applicant.

Per contra, learned State counsel has vehemently opposed the application and has submitted that the case is registered against the applicant under Sections 302, 323, 450, 34, 120-B, 394, 460 of IPC. There is overt act on the part of the present applicant and has committed offence under Section 302 along-with other offences, wherein one person has been murdered by the applicant and other co-accused. Hence, considering the aforesaid facts of the case along with nature and gravity of offence, learned State counsel prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary.

Considering the arguments advanced by learned counsel for the parties as well as facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

5. The applicant will not move in the vicinity of complainant party and 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;

7. The applicant shall mark his presence before the SHO of concerning police station once in every fortnight (15 days) till conclusion of trial.

Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Monika MONIKA SHARMA 2022.07.05 17:43:40 +05'30'

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