Madhya Pradesh High Court
Kheru @ Raghuveer vs The State Of Madhya Pradesh on 9 February, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF FEBRUARY, 2024
MISCELLANEOUS CRIMINAL CASE No. 905 of 2024
BETWEEN:-
KHERU @ RAGHUVEER S/O SHRI LOKMAN YADAV,
AGED ABOUT 35 YEARS, RESIDENT OF GRAM MADHA
THANA VIJAYPUR DISTRICT SHEOPUR (MADHYA
PRADESH)
.....APPLICANT
( SHRI ATUL GUPTA - ADVOCATE FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE THANA VIJAYPUR
DISTRICT SHEOPUR (MADHYA PRADESH)
.....RESPONDENTS
( SHRI BAL KRISHNA SHARMA AND SHRI RAJKUMAR GATWAR -
ADVOCATE FOR THE COMPLAINANT
SHRI R.K. AWASTHI - PUBLIC PROSECUTOR THE RESPONDENT-STATE)
This application coming on for HEARING this day, the court passed
the following:
ORDER
Heard on IA No. 936/2024, an application under Section 301(2) of the Cr.P.C.
For the reasons stated in the application, the same is allowed and Shri B.K. Sharma- learned counsel for the complainant and his associates are permitted to assist the prosecution.
This fifth bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 7:17:35 PM 2 Crime No. 26/2022 registered at Police Station Vijaypur, District Sheopur (M.P.) for offences punishable under Sections 147, 148, 149, 323, 294, 506, 336 and 302 of the IPC. The applicant is in judicial custody since 06/05/2022. Earlier first and second bail applications were dismissed as withdrawn vide order dated 25/04/2023 and 15/06/2023 passed in M.Cr.C. No. 16002/2023 and M.Cr.C. No. 21629/2023. Third bail application was dismissed as withdrawn vide order dated 02/09/2023 passed in M.Cr.C. No. 32316/2023 with liberty to renew the prayer after eye witnesses are examined before the Court below. Fourth bail application was dismissed as withdrawn vide order dated 09/11/2023 passed in M.Cr.C. No. 50901/2023.
A s per the case of prosecution, Surendra Singh s/o Ramhet Yadav reported to J.P. Parashar, Sub Inspector, PS Vijaypur, District Sheopur on 13/02/2022 that on the same day around 12.30, he was standing in front of his house. Keshav, Raghuveer Singh, Phool Singh, Kalyan, Bhanu armed with Farsa, Uttam Singh, Kok Singh Uday Singh, Atar Singh and Rinku armed with axe, Dhaniram, Nirmal, Deepu, Lokman, Prahalad armed with Lathi and Roop Singh armed with gun came there and started abusing him in filthy language. Roop Singh fired in air. Keshav assaulted Bharat with axe on his head, right leg and back. Leeladhar, Urmila and Sunita, Maya and Mitti Devi intervened to rescue Bharat. Kallu @ Kalyan assaulted Leeladhar with Farsa on his head. Nirmal assaulted Leeladhar with Lathi. Kheru @ Raghuveer Yadav assulted Mitti Devi with Farsa. Uttam and Kok Singh assaulted Mitti Devi with axe. Phool Singh assaulted Urmila with Farsa. Atar Singh and Deepu also assaulted Urmila. Prahlad, Dhaniram and Ramdayal assaulted Sunita with Lathi and axe. All of them sustained injuries. Mitti Devi was referred to Gwalior. She died on way. On such allegations, Police Station Vijaypur, District Sheopur registered Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 7:17:35 PM 3 FIR at Crime No. 26/2022 for the offence punishable under Sections 147, 148, 149, 323, 294, 506, 336 and 302 of the IPC against 18 named accused. Injured were referred for medico- legal examination. Postmortem examination on dead body of Mitti Devi was conducted. Statements of witnesses were recorded. Relevant recoveries were made. All the accused were arrested. On completion of investigation, final report was submitted. Applicant was arrested on 06/05/2022, he is in custody ever since. Trial is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has falsely been implicated in this matter. There was mutual altercation and quarrel between two parties wherein both the parties had sustained injuries. Learned counsel referring to statement of injured eye witnesses, namely, Surendra (P.W.6), Maya (P.W.4), Bharat (P.W.3), Sunita (P.W.7), Leeladhar (P.W.8) and Urmila (P.W.11) submits that none of the witnesses has supported the prosecution. All the material witnesses (in all 17) have been examined. The dispute is amicably settled between the parties, therefore, there is no likelihood of tampering with the evidence by the applicant. Trial is pending for formalities of further evidence. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence.
Learned counsel appearing on behalf of the objector has no objection to grant of bail to the applicant.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 7:17:35 PM 4 Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant KHERU @ RAGHUVEER shall be released on bail in relation to Crime No. 26/2022 registered at Police Station Vijaypur, District Sheopur (M.P.) for offences punishable under Sections 147, 148, 149, 323, 294, 506, 336 and 302 of the IPC , upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, : (For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 7:17:35 PM 5
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 7:17:35 PM