Madhya Pradesh High Court
Purshottam Kasera vs The State Of Madhya Pradesh on 8 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 8 th OF FEBRUARY, 2024
MISCELLANEOUS CRIMINAL CASE No. 5511 of 2024
BETWEEN:-
PURSHOTTAM KASERA S/O SHRI DEVBKSH KASERA,
AGED ABOUT 78 YEARS, RESIDENT OF VILLAGE
JAGDAMBA COLONY ARON DISTRICT GUNA (MADHYA
PRADESH)
.....APPLICANT
(SHRI SIDDHARTH SIJORIA - ADVOCATE FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION ARON DISTRICT
GUNA (MADHYA PRADESH)
.....RESPONDENT
(SHRI DIBYANG DEV SHARMA - ADVOCATE FOR THE COMPLAINANT
SHRI DHEERAJ BUDHOLIYA - PUBLIC PROSECUTOR FOR THE
RESPONDENT-STATE)
This application coming on for HEARING this day, the court passed
the following:
ORDER
Heard on IA No. 2957/2024, an application under Section 301 of the Cr.P.C.
For the reasons stated in the application, the same is allowed and Shri D.D. Sharma - learned counsel for the complainant and his associates are permitted to assist the prosecution.
The first bail application has been filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 10:49:34 AM 2 the applicant who is apprehending his arrest in connection with Crime No.763/2023 registered at Police Station- Aron, District Guna (M.P.) for offence punishable under Sections 458, 294, 323, 324, 506, 34 and 459 of IPC.
A s per the case of prosecution, Hemlata Sharma admitted at Civil Hospital Aron Distt. Guna reported to Head Constable Sunil Raghuvanshi of PS Aron that on 07.11.2023 around 5 in the morning, she reached her home at Aron. She saw that her neighbour Purushottam Kasera was depositing bricks infront of her gate. She objected, so Purushottam started abusing filthily. Thereafter, Purushottam, his sons Bhagwan Kasera, Dileep Kasera and Saurabh Kasera armed with wooden sticks and iron rods entered her house and assaulted her, her husband Sanjay Sharma and other family members Ashutosh, Saksham and Sushila. They sustained injuries. Bhagwan Kasera assaulted Sanjay with Lathi on his right hand and right thigh. Accused Purshottam and Saurabh Kasera assaulted Ashutosh with Lathi and accused Sanjeev alias Banti assaulted Saksham with iron rod on his head. Rachna and Rajiv Kasera also joined in the assault. Rachna Kasera kicked Susheela on her abdomen. Purshottam assaulted Sanjay with Lathi. On such allegations, PS Aron registered FIR at Crime No. 763/2023for offence punishable under Section 458, 294, 323, 324 , 506, 34 and 459 of IPC against Purshottam, Dilip, Bhagwan, Saurabh, Rajeev, Bunti and Rachna. Further offence U/s 459 of IPC was added. Injured were forwarded for medico-legal examination. Fracture of metacarpal bone of Ashutosh was found in X-Ray examination. Further, fracture of Ulna bone of Sanjay was also detected. Statements of witnesses were recorded. Ashutosh in his statement recorded U/s 161 of Cr.P.C on 07.11.2023 alleged that Vinod entered his house and assaulted him with iron rod. One iron rod was recovered at the instance of accused Vinod alias Pappu.
Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 10:49:34 AM 3Investigation is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in this matter. Minor altercation over placing of bricks in front of the gate was aggravated into physical assault between the parties. Both the parties had sustained injuries. Applicant- Purushottam Kasera also lodged report to PS Aron on the same day. But since his injuries were found to be simple, report with regard to non- cognizable offence only was registered. Learned counsel further submits that applicant is aged 78 years. He is an agriculturist. There is no likelihood of his absconsion leaving family and home. No criminal antecedent is reported against the applicant. There is no likelihood of interfering with investigation or tampering with the evidence. Jail incarceration would cause hardship to aged applicant. Investigation is almost complete. Trial would take time to conclude. Co-accused Sanjeev alias Banti, Saurabh alias Bhaiya and Vinod @ Pappu have already been extended benefit of bail by this Court vide orders dated 14.12.2023 and 05.01.2024 passed in MCRC No.55320/2023 and MCRC No.55301/2024. All other accused have been granted bail. Therefore, applicant may be extended the benefit of anticipatory bail.
Per contra, learned counsel for the State ably assisted by learned counsel for the complainant opposes the application stating that the family members of the applicant are still threatening injured for compromise. Therefore, the applicant may not be extended the benefit of anticipatory bail.
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, regard being had to old age of the applicant, but Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 10:49:34 AM 4 without commenting on merits of the case, this Court is inclined to grant anticipatory bail to the applicant. Thus, the application is allowed.
Accordingly, it is directed that in the event of his arrest, applicant-PURSHOTTAM KASERA shall be released on bail in relation to Crime No.763/2023 registered at Police Station- Aron, District Guna (M.P.) for offence punishable under Sections 458, 294, 323, 324 , 506, 34 and 459 of IPC, upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the officer making arrest, 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 make himself available for investigation as may directed by the officer, in-charge of investigation;
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k 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 izdjz.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 10:49:34 AM 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) Upon submission of final report under Section 173 of Cr.P.C, the applicant shall furnish fresh personal bond and solvent surety of aforementioned amount to the satisfaction of the Trial Court, if so directed and thereafter, shall remain present on every date of hearing as may be directed by the concerned Court;
(5) /kkjk 173 na-iz-la- ds rgr vafre izfrosnu izLrqr gksus ij] ;fn ,slk funsZf'kr fd;k tkrk gSZ] vkosnd fopkj.k U;k;ky; dh larqf"Vizn iwoZ mYysf[kr jkf'k dk uohu oS;fDrd ca/ki= ,oa izfrHkw ca/ki= izLrqr djsxk vkSj mlds mijkar lacaf/kr U;k;ky; ds funsZ'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (6) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
(6) 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, it shall become ineffective without reference to the Court.
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 Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 10:49:34 AM 6 Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 09-Feb-24 10:49:34 AM