Madhya Pradesh High Court
Sonpal @ Sohanlal Baghel vs The State Of Madhya Pradesh on 16 May, 2019
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-19940-2019
(Sonpal @ Sohanlal Baghel Vs. State of M.P.)
Gwalior, Dated : 16/05/2019
Smt. Nirmala Nayak with Shri S.S. Dhakad, learned counsel
for the applicant.
Shri Ranjeet Khanwilkar, learned Panel Lawyer for the
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed the second application under section 439 of the Cr.P.C. for grant of bail. The first application was dismissed as withdrawn vide order dated 09/04/2019 passed in MCRC No.11901/2019. The applicant has been arrested by Police Station- Maharajpura, District- Gwalior in connection with Crime No.500/2018 registered in relation to the offences punishable under Sections 224, 225, 332, 353, 365, 395, 397, 120-B of the IPC and Section 11/13 of MPDVPK Act.
Prosecution story, in short, is that on 07/12/23018 at about 6:30 AM, in order to facilitate taking of accused- Bheema @ Jitendra Yadav from Central Jail Bhopal for his appearance before District Court at Bhind, the present applicant -Sonpal @ Sohanpal Baghel Constable No.3471 who is nephew of the accused -Bheema 2 @ Jitendra Yadav brought a Bolero vehicle and took accused- Bheema @ Jitendra Yadav along with police party to the Railway Station. Along with the present applicant, the co-accused Vicky was also present in the bolero vehicle. The police party along with accused-Bheema @ Jitendra Yadav boarded A.P. Express for coming to gwalior and co -accused Vicky also sat in the train with them. When the police party and accused -Bheema @ Jitendra Yadav alighted at Gwalior, co-accused- Vicky arranged for a Scorpio vehicle for taking them to District Court Bhind while he himself stayed back at Gwalior station. The police party presented the accused -Bheema @ Jitendra Yadav before the Court of ADJ, at Bhind. While returning, the driver of the Scorpio stopped the vehicle near an old building on the pretext of easing himself. At that time, a white coloured vehicle came and stopped besides the Scorpio vehicle, from where 7-8 miscreants came out. They threw chilly powder in the eyes of police party. They also gave butt blows of rifle on the heads and faces of the constables and when the complainant who is also a constable tried to intervene, he was also pushed aside. In the scuffle, magzine of rifle of constable Vivek Sharma got broken. At this juncture, accused- Bheema @ Jitendra Yadav alighted from the vehicle and after snatching rifle of constable- Vivek Sharma sat in the nearby vehicle along with another accused person who had snatched rifle of constable- Hakim 3 Khan. They also took Constable- Pramod Yadav and fled in the white coloured vehicle. Thereafter, the black Scorpio also followed them leaving police party behind. On the aforesaid basis, crime has been registered.
Learned counsel for the applicant submits that he has falsely been implicated in the matter. The applicant is not concerned with the case directly or indirectly. It is also submitted by the learned counsel for the applicant that no recovery has been made from the applicant and charge-sheet has also been filed in the matter. It is further submitted that the applicant is the permanent resident of District- Bhopal. There is no likelihood of his absconsion or tampering with the prosecution evidence, if he is released on bail. The applicant is in jail since 12/12/2018 without any substantial reason and early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, he prays for grant of bail.
On the other hand, learned Panel Lawyer 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. It is also submitted by the learned counsel for the respondent/State that entire conspiracy has been 4 hatched by the applicant only who is nephew of accused -Bheema @ Jitendra Yadav and had come to receive him at Central Jail, Bhopal along with co-accused- Vicky who has played main role in the perpetrating the crime, therefore, the present applicant is master mind of the entire conspiracy and does not deserve any indulgence.
Taking into consideration the facts and circumstances of the case and the nature of allegations and gravity of offence coupled with role played by the present applicant, this Court is not inclined to grant the bail to the applicant at this stage.
Accordingly, the second application stands rejected.
(S.A. Dharmadhikari) Judge rahul RAHUL SINGH PARIHAR 2019.05.17 18:52:55 +05'30'