Madhya Pradesh High Court
Kuldeep Yadav vs The State Of Madhya Pradesh on 24 June, 2021
Equivalent citations: AIRONLINE 2021 MP 750
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.30837/2021
(Kuldeep Yadav Vs. The State of M.P.)
(1)
Gwalior, dated : 24/6/2021
Shri Pradeep Katare, Advocate for the applicant.
Shri P.P.S.Bajeeta, G.A. for the respondent/State.
Heard through Video Conferencing.
I.A. No.18367/2021, an application for urgent hearing is allowed.
Case diary perused.
The applicant has filed this repeat application under section 439 of the Cr.P.C. for grant of bail. The first one was dismissed as withdrawn vide order dated 7/4/2021 passed in M.Cr.C. No. 18389/2021.
The applicant has been arrested by Police Station Sevdha, District Datia, in connection with Crime No.170/2020 registered in relation to the offences punishable under sections 323, 324, 325, 326, 294, 506, 307, 34 of the IPC.
Allegations against the applicant and other co-accused persons, in short, are that the complainant- Dharmendra Singh Chauhan on 20/09/2020 in injured condition has lodged a report at police station concerned to the effect that on 19/09/2020 at about 11.30 PM, in the night, he along with Raghvendra Singh Chauhan and Dharmendra Singh Bais was watching T.V., at that time, the co- accused- Naresh armed with gun came along with co-accused Sanju HIGH COURT OF MADHYA PRADESH M.Cr.C. No.30837/2021 (Kuldeep Yadav Vs. The State of M.P.) (2) Yadav, Pramod Singh Yadav and Suresh Singh Yadav, who were armed with Axe and started abusing the complainant filthily, which was opposed by the complainant and told them to vacate the house. Thereafter, the coaccused- Naresh assaulted the complainant
-Dharmendra Singh Chauhan by means of butt of the gun, whereas, other co-accused persons assaulted the victim by means of Axe, due to which, the victim received injury on the head and blood started oozing out, Thereafter, co-accused Naresh called on mobile phone the other coaccused persons from village and thereafter, the present applicant Kuldeep, co-accused - Dinesh Yadav, Khem Singh and Deepu armed with Lathis came on the spot and they all assaulted the victims by means of Axe and Lathi, due to which, the victims received various injuries on their body. On the basis of aforesaid, crime has been registered.
Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He is in custody since 23/11/2020. Charge-sheet has been filed and no further custodial interrogation is required. According to the prosecution story, the present applicant was involved in second part of the incident when the co-accused had called four persons. The injury caused on the head of the injured, which is reported to be caused by hard and sharp object i.e. Axe, is not caused by the applicant. A cross-case has also been registered against the complainant party at Crime No.169/2020 HIGH COURT OF MADHYA PRADESH M.Cr.C. No.30837/2021 (Kuldeep Yadav Vs. The State of M.P.) (3) in which the complainant was the aggressor. It is further submitted that the injuries received by the complainant are simple in nature, therefore, offence under section 307, IPC is not attracted against the present applicant. It is also submitted that in view of outbreak of COVID-19, trial is held-up and detention of applicant in already congested prisons may be detrimental. The applicant is a permanent resident of Village Nandpur Baghedi, P.S. Sevdha, District Datia and there is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.
On the other hand, learned counsel 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. It is submitted that three persons have been injured and it is very difficult to ascertain as to who had inflicted injury on whom since number of accused persons are about eight. Even in the X-ray, fracture has been found on the head of the complainant. Recently bail applications of co-accused Naresh and Dinesh have been dismissed by this Court vide orders dated 9/12/2020 and 10/5/2021 passed in M.Cr.C. Nos. 47490/2020 and 21650/2021 respectively. As such, no indulgence is called for.
Having head learned counsel for the parties and taking into HIGH COURT OF MADHYA PRADESH M.Cr.C. No.30837/2021 (Kuldeep Yadav Vs. The State of M.P.) (4) consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits thereof, this Court does not find it a fit case for grant of bail.
The application, therefore, stands dismissed.
(S.A.Dharmadhikari) Judge (and) ANAND SHRIVASTA VA 2021.06.25 07:53:54 +05'30'