Madhya Pradesh High Court
Rajendra Singh vs The State Of Madhya Pradesh on 18 April, 2023
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 18 th OF APRIL, 2023
MISC. CRIMINAL CASE No. 15875 of 2023
BETWEEN:-
RAJENDRA SINGH S/O SHRI DEVI SINGH, AGED ABOUT
53 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF
VILLAGE KHATANE KA PURA GALENDRA TEHSIL AND
DISTRICT MORENA (MADHYA PRADESH)
.....APPLICANT
(SHRI RAJMANI BANSAL, LEARNED COUNSEL FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION NOORABAD,
DISTRICT MORENA (MADHYA PRADESH)
.....RESPONDENT
(SHRI APS TOMAR- LEARNED COUNSEL FOR THE RESPONDENT- STATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the first application under Section 439 of CrPC filed on behalf of applicant who has been arrested on 24-03-2023 in connection with Crime No. 85 of 2023 registered at Police Station Noorabad, District Morena for offence under Section 304, 279 of IPC.
As per prosecution case, on 23-03-3023 at around 03:30 pm, complainant Charan Singh lodged an FIR at Police Station Noorabad, District Morena alleging therein that on the date of incident i.e. on 23-03-3023 between 09:00- 09:15 in the morning he was standing on the side of road near JK Tyres and Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/19/2023 10:51:03 AM 2 was talking with his relative Ravi Jatav and Amar Singh, residents of Sanjay Nagar, Gwalior. At that time, on a splender motorcycle Dinesh Jatav along with his father-in-law was passing and on seeing him, they stopped the motorcycle on the side of road and thereafter a talk took place between them. Meanwhile, he came to Gumti for purchase of panmasala (gutka) and then saw that from Morena to Gwalior a green colour swaraj tractor bearing registration no. 735 FE filled with chambal sands in the trolley was being driven by the driver very rashly and negligently and despite seeing him, the driver did not slow the speed and dashed his father-in-law and another relative and thereafter fled away from the spot. He quickly informed police through 100 number. The injured were referred to Noorabad Govt. Hospital, from where they were referred to Morena. During treatment, his father-in-law died.
It is submitted by learned counsel for the applicant that looking to the nature of allegations, no case under Section 304 of IPC is made out against the applicant. At the time accident, the father-in-law and another relative of complainant were standing without following the road rules. The applicant is in custody since 24-03-2023. The applicant has been falsely implicated in the case. Completion of investigation and conclusion of trial will take some time. Hence, prayed for grant of bail.
Learned counsel for the State opposed the application and prayed for its rejection.
Both the Advocates are heard. Case diary as well as charge sheet perused.
Considering the aforesaid facts and circumstances of the case, without commenting upon 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 a cash surety of Rs.25,000/- along with a bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/19/2023 10:51:03 AM 3 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. On failure of furnishing the aforesaid cash surety, this bail order shall lose its effect.
Application stands allowed and disposed of.
CC as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/19/2023 10:51:03 AM