Anil Sharma vs State Of Madhya Pradesh

This is first bail application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Anil Sharma was arrested on 30/03/2019 in connection

with Crime No.3/2019 registered at Police Station Udaipura, District Raisen for the offence punishable under Sections 147, 148, 149, 307, 302, 120-B

of the IPC read with Section 25, 27 of the Arms Act, 1959.

As per the prosecution case on 02.01.2019 complainant Suresh lodged a report at Police Station Udaypura averring that he drove Pawan Rajput's

vehicle bearing registration No.MP-04-CN-2507. On 01.01.2019 at 08:00 PM when he was passing from the front of co-accused Umashankar's

office with the same vehicle along with Pawan Rajput and Ramesh Rajput, on the way, when they reached in front of Rathi's shop, they saw that 15-

20 persons were standing armed with stick, spears (farsa) and gun in front of Uma Shankar's office. On seeing them, he slowed down the vehicle. On

that, these persons ran towards his vehicle, so he turned back the vehicle. Meanwhile some of the persons fired on the vehicle, in which one bullet,

piercing the rear glass of the vehicle hit Ramesh Rajput. They took Ramesh Rajput to hospital, where doctor declared him dead. A dispute is going on

between co-accused Uma Shankar and Pawan Rajput over money transactions, due to which co-accused Uma Shankar got such deadly attack done

on them. It has been learnt that the bullet was fired by co-accused Manish. On that police registered Crime No.3/2019 for the offence punishable

under Sections 147, 148, 149, 307, 302, 120-B, 34 of IPC read with Section 25, 27, 30 of Arms Act, 1959 against co-accused Umashankar and Manish

and other unknown persons and investigated the matter. During investigation, Police recorded the statements of Pawan Rajput and other witnesses

and also collected the CCTV footage of camera fitted at the Umashankar's office and nearby Pawan Khatik's Shop. From that it was found that on

the date of incident at around 6 PM, when Pawan Rajput demanded his money due on co-accused Umashankar from him, Uma Shankar and his Date:

02/07/2019employee18:29:38 co-accused Mohit and Manish abused Pawan on phone and Digitally signed by ANURAG SONI also threatened to kill

him. Thereafter, said incident occurred when Pawan Rajput was going to Prem Nagar. It was also found that applicant Anil Sharma and co-accused

Raghvendra Sharma, Subhash Sharma @ Aditya Sharma, Umashankar, Mohit, Raju @ Rajendra Rajput, Rahul Sharma, Rajesh @ Collector,

Mansingh, Raman Sharma and Mahesh Chaudhari were included in a group of persons, who had gathered on the spot at the time of incident. They

were present on the spot armed with weapons.

Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. Although, it is

alleged that at the time of incident applicant was also present on the spot, but the applicant is a relative of co-accused Uma Shanakar, so merely on

the basis that the applicant was present on the spot, it cannot be said that the applicant was also the part of unlawful assembly. Even otherwise the

deceased Ramesh Rajpoot died due to gunshot injury and there is no allegation against the applicant that the applicant fired on the deceased or at the

time of incident applicant was armed with gun. It is alleged that applicant was armed with spear (farsa), but there is nothing on record to show that the

deceased sustained any injury caused by hard and sharp object. The applicant is in custody since 30/03/2019. The charge-sheet has been filed and

conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State as well as objector opposed the prayer and submitted that at the time of incident applicant was also present on the spot

armed with spear (farsa) and was part of the unlawful assembly and when deceased Ramesh Rajpoot and Pawan Rajpoot were passing from the

front of co-accused Umashankar â„¢s office in vehicle bearing registration No.MP-04-CN-2507, some person of that unlawful assembly fired at the

vehicle, due to which Ramesh Rajpoot sustained injuries and died, so he should not be released on bail.

It is alleged that at the time of incident the applicant was present on the spot armed with spear (farsa) and he was the member of unlawful assembly,

but the deceased Ramesh Rajpoot died due to gun shot injury. There is no evidence on record that the applicant assaulted deceased or deceased

sustained any injury caused by hard and blunt object.

So, looking to the facts and circumstances of the case and as to the fact that the applicant is in custody since 30/03/2019 and the charge-has been filed

and conclusion of trial is likely to take long time, without commenting on the merits of the case, the application is allowed and the applicant is directed

to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the

satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial

Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court.

C.C. on payment of usual charges.