Madhya Pradesh High Court
Mahendra @ Raja Singh vs The State Of Madhya Pradesh on 19 July, 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 19 th OF JULY, 2023
MISC. CRIMINAL CASE No. 30793 of 2023
BETWEEN:-
MAHENDRA @ RAJA SINGH S/O SHRI VEERENDRA
SINGH TOMAR, AGED ABOUT 56 YEARS, OCCUPATION:
AGRI. VILLAGE BEELPUR GHER POLICE STATION
AMBAH DISTRICT MORENA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI NIRMAL SHARMA, LEARNED COUNSEL FOR APPLICANT)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION AMBAH
DISTRICT MORENA MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUSHANT TIWARI, LEARNED PUBLIC PROSECUTOR FOR
STATE AND SHRI PRASHANT SINGH KAURAV, LEARNED COUNSEL FOR
RESPONDENT [COMP])
This application coming on for admission this day, the court passed the
following:
ORDER
T h is i s third repeat bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. First and second bail applications filed by the applicant were dismissed as withdrawn by this Court vide orders dated 20.03.2023 and 03.05.2023 passed in M.Cr.C.No.11716/2023 and 19093/2023.
Applicant has been arrested on 26.06.2022 by Police Station, Ambah, District Shivpuri (MP), in connection with Crime No.456/2022 for the offence punishable under Sections 302, 307, 294, 323, 147,148, 149 of IPC and under Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/19/2023 6:42:25 PM 2 Section 25,27 of Arms Act.
I n brief, the facts of the case are that on 25.06.2022 at 7.40 P.M., complainant Munesh Pachouri lodged a F.I.R. at Police Station Ambah against present applicant/accused Mahendra @ Raju Singh and 11 others that in the afternoon at 3.15 P.M., ballet box of Panchayat school was closed, he along with his younger brother Vinod Kumar, nephew Devendra, Manoj, Vijay, Bunti, Mahesh had gone to see the polling at Government School, village Mallhanpura. Infront of polling booth, there was a queue of voters. On seeing them, present applicant Mahendra @ Raju asked them why you came here. His brother Vinod replied him that they have come to see the queue and asked him why voting is going on at your polling. Due to this applicant Mahendra started abusing him with filthy languages and told him to go away from here. Thereafter, when they reached in front of house of Munnalal Kewat, present applicant Mahendra armed with 315 bore country made pistol, Satyendra Singh, Virendra Singh armed with 315 bore country made pistol, Sandeep armed with 315 bore country made pistol, Parimal armed with lathi, accused Suresh armed with axe, Gopal armed with lathi, Pradeep armed with gun, Raghvendra armed with lathi, Ramavatar armed with lathi Virendra armed with gun, Sonu armed with danda, Subedar armed with luangi with common intention came there, Gopal assaulted with lathi on the head of Manoj, due to which he sustained injuries and blood started oozing out. Bunti tried to stop accused Mahesh. Accused Parimal, Suresh Tomar, Ramavtar, Sonu, Subedar assaulted him with Lathi and Danda due to which he sustained injuries on his hand and back. When his brother Vinod and Vijay Tomar tried to intervene, present applicant Mahendra @ Raju with an intention to kill his brother Vinod and Vijay fired on them. Bullet hit on the back side of the head of Vijay and bullet hit in the stomach of Vinod, due to Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/19/2023 6:42:25 PM 3 which they fell down. Thereafter, by firing in air, the accused persons fled away. When he along with his nephew Devendra was taking Vinod and Vijay to hospital, in the village Vinod died and Vijay got admitted in the hospital. On his report, offence at Crime No.456/2022 under Sections 302, 307, 294, 323, 147,148, 149 of IPC, under Section 25,27 of Arms Act was registered. Dead body panchnama of deceased Vinod was prepared. Dead body was sent for postmortem. As per postmortem, he died due to firearm injury.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. After investigation, charge-sheet has been submitted, therefore, further custodial interrogation is not required in the matter. The applicant is in custody since 20.06.2022 and he is the permanent resident of District- Morena (M.P.). 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 by this Court. Co-accused Suresh S ingh has been extended benefit of bail by this Court by order dated 09.12.2022 passed in M.Cr.C. No.59143/2022 by this Court. On the basis of aforesaid submissions, prayer for grant of bail is made.
Learned counsel for the State as well as learned counsel for the complainant vehemently opposed the application and prayed for its rejection.
Heard learned counsel for the parties and perused the case diary.
Looking to the fact that the present applicant is the main assailant, no case for grant of bail is made out.
Accordingly, this bail application stands dismissed.
(DEEPAK KUMAR AGARWAL) Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/19/2023 6:42:25 PM 4 JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/19/2023 6:42:25 PM