Madhya Pradesh High Court
Jugal Kishore Rathore vs The State Of Madhya Pradesh on 4 March, 2015
M.Cr.C.No.2822 of 2015
1
Jugal Kishore Rathore & Ano. vs State of M.P.
04 / 0 3 / 2 0 1 5
Shri Arvind Kumar Shrivastava, Advocate for the
applicants.
Shri Samdarshi Tiwari, Govt. Advocate for the
respondent /State.
Shri R.N. Singh, Senior Advocate assisted by Shri P. Verma, Advocate for the company Moser Bear Power Plant.
Learned Government Advocate for the respondent /State filed a list of criminal antecedent of the applicants.
Heard finally. Perused the case diary. This is the first bail application on behalf of the applicants under Section 439 of Cr.P.C. The applicants are in custody since 20.01.2015 in connection with Crime No.10 /2015 registered at Police Station Jaithari, District Anuppur (M.P.) for the offence punishable under Sections 147, 148, 149, 353, 294, 332 & 307 of IPC.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the case. It is further submitted that applicant No.1 is General Secretary of Theka Mazdoor Union and applicant No.2 is its President. It is further submitted that co-accused persons Kamla Prasad, Radheyshyam Rathore, Babbu @ Bablu and Lalman have been enlarged on bail by this Court vide order dated 12/02 / 2 015 passed in M.Cr.C.No. 2226 / 2015 and some of the accused have also been enlarged on bail by this M.Cr.C.No.2822 of 2015 2 Court on the anticipatory bail applications filed under Section 438 of Cr.P.C.
Learned counsel for the applicants submitted that as per the list of cases pending against applicant Munna Rathore, many of the cases are related under Section 107 & 116(3) of Cr.P.C. and were registered between the year 2001 to 2007. In case of applicant Jugal Kishore Rathore , it is submitted that cases pending against him are between the year 1999 to 2012. Lastly, it is submitted that Moser Bear Company is not having any locus standi to oppose the bail application of the present applicant, which is also goes to show interest of the company. The applicants are in custody and conclusion of trial would take considerable time. On the aforesaid grounds, it is prayed that the applicants be released on bail, who were not present in the company premises when the incident of arsonary and riots took place.
Learned Government Advocate for the respondent /State vehemently opposed the bail application on the ground that right to protest in peaceful atmosphere is permitted, but as per the statement of prosecution witnesses Chhatarpal as well as injured ASI Mahendra Dangi and other witnesses, it is clear that the applicants were instigated the villagers for arsonary as well as for inflicting injuries to the Government Officials, who were present to control the mob.
Learned senior counsel appearing for the company submitted that in the riots, machinery amounting to M.Cr.C.No.2822 of 2015 3 Rs.1.00 crore of the company has been put to fire by the mob on the instigation of the applicants.
Detailed examination of evidence and elaborate documentation of merits is not desirable and should be avoided while passing orders on bail applications. What is necessary is the satisfaction about prima facie case and not an exhaustive exploration of merit in the order itself.
Considering the totality of the facts and circumstances of the case coupled with the material available on record, without commenting upon the merit of the case, the application under Section 439 of Cr.P.C. on behalf of applicants deserves to be and is hereby allowed.
It is directed that applicant No.1 Jugal Kishore Rathore and applicant No.2 Munna Singh Rathore be released on bail on furnishing a personal bond in the sum of Rs.25,000 / - (Rupees Twenty Five Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the committal Court / t r ial Court securing applicants' presence before the trial Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(SUBHASH KAKADE) JUDGE SJ