Madhya Pradesh High Court
Jitu @ Sandeep vs The State Of Madhya Pradesh on 14 September, 2022
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 14th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 42171 of 2022
BETWEEN:-
JITU @ SANDEEP S/O DILIP KUMAWAT,
AGED ABOUT 19 YEARS, OCCUPATION:
LABOUR, R/O AVANTIKAPURA,
SHITALAMATA MANDIR UJJAIN (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI VIRENDRA SHARMA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER THROUGH
POLICE STATION BHERUGARH DISTRICT
UJJAIN (MADHYA PRADESH)
.....RESPONDENT
(BY MS. MRADUAL SEN, PENAL LAWYER
BY SHRI G.S. DODIA, ADVOCATE FOR THE OBJECTOR)
This application coming on for order this day, th e court passed
the following:
ORDER
01. This is the first application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.284/2022 registered at Police Station- Bherugarh, District- Ujjain (MP) for offence punishable under Sections 307, 294, 506, 427, 323, 34, 147, 148, 149 & 120-B of the IPC and 3, 181, 146, 196 of Motor Vehicles Act and 25 Arms Act. The applicant is in custody since Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 21-Sep-22 11:18:40 AM 2 17.06.2022.
02. As per the prosecution, on 04.06.2022 at about 2:30 pm co- accused Sonu Mahajan, Shailendra Mahajan and Rakesh Choudhary along with one JCB machine driver came to their house and broke the iron gate constructed on the boundary and came inside. Sonu Mahajan and Rakesh Choudhary said to throw complainant Tejpal Singh and his family members out of the house and to get the land vacated and if they would not do so then to kill them. He said that he has purchased the land. The complainant and his family members told Sonu Mahajan to give them the remaining amount for their land after which they shall vacate the same. The accused persons then started abusing them and beat them with hands and legs. Rakesh Choudhary pushed Bhagwan Kunwar who fell down. On asking of Sonu Mahajan, Tarun took out a katta and put it on the head of the complainant and Shailendra caught Mahiwal. They all asked the JCB machine driver to break the house of the complainant and to take the machine over anyone who came in the way and to kill him. The JCB machine driver then started bringing the machine towards the house on which Bhagwan Kunwar stood in front of the Machine. Sonu Mahajan then brought kerosene from his car and threw Bhagwan Kunwar on the ground and hit Muskan on her stomach and poured kerosene over her and set her on fire, as a result of which she suffered burn injuries on many parts of her body. Thereafter the accused persons went away stating that the land should be vacated else everyone shall be killed. Muskan was then admitted to the hospital and report was lodged on the basis of which applicant has Signature Not Verified been implicated and arrested for the present offence.
Signed by: JYOTI CHOURASIA Signing time: 21-Sep-22 11:18:40 AM 303. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case. In the FIR as well as in the statement of all the witnesses recorded by the Police the applicant has not been named. None of the witnesses have stated that they saw the applicant or that they could identify him. No test identification parade has been conducted by the Police. There is no material to show that it was the applicant who was the driver of JCB Machine. Though the JCB has been recovered on the basis of memorandum of the applicant but the said machine is not the machine which is stated to have been involved in the incident. In the entire record there is nothing against the applicant except his own memorandum and that of co-accused recorded under Section 27 of the Evidence Act. There is no material linking the applicant directly in the present case. On such grounds prayer for grant of bail to the applicant has been made.
04. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant and the material collected by the prosecution against him, he is not entitled to be released on bail.
05. I have heard the learned counsel for the parties and have perused the case diary.
06. The witnesses have only stated that the driver of the JCB machine attempted to demolish the house. None of them have stated that they saw him and can identify him. The name of the driver has also not been disclosed by them. No test identification parade has been conducted Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 21-Sep-22 11:18:40 AM 4 by the Police in respect of the applicant. Though a JCB machine has been seized from possession of the applicant, but none of the witnesses have stated to have noted down the number of the machine which was involved in the accident. The memorandum on the basis of which recovery of a JCB machine has been made from the applicant, in absence of any material to show that it was that machine which was involved in the accident inconclusive. Thus in my opinion, in view of the material available on the record against the applicant, he deserves to be enlarged on bail.
07. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
08. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(PRANAY VERMA) JUDGE jyoti Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 21-Sep-22 11:18:40 AM