Bablu Kevat vs State Of M.P

G.S. Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 3.6.2021 in connection with Crime No.14/2021 registered at Police Station Atraita, District Datia for offence under Sections 323, 307, 302, 34 of IPC and under Section 25, 27 of the Arms Act.

It is submitted by the counsel for the applicant that according to the prosecution case, the house of co-accused Janved Kewat is adjoining to the house of the complainant. The complainant has an old enmity with the co-accused persons. According to the FIR at about 8 PM some visitor has parked his motorcycle in the house of Janved Kewat and accordingly, co-accused Hemlata, Karu Kewat, Karan and the applicant started abusing. When the complainant requested co-accused Hemlata that the motorcycle belongs to visitor and why she is abusing him, then it is alleged that co-accused Hemlata, Karu Kewat, Karan and the applicant got annoyed and started assaulting the complainant by fists and blows. On hearing of the screams of the complainant, her nephew Phool Singh also came there. It is alleged at that time co-accused Javned and Rishpal came on the spot. They were having fire arms in their hand. On the instigation of co-accused Janved, Rishpal fired a gunshot causing injury to Phool Singh. It is alleged that Janved also fired gunshot, which caused injury on the calf of her left leg. It is submitted that even if, the entire allegations are accepted, then it is clear that the incident started on unauthorized parking of the motorcycle in the house of the applicant. Even otherwise the only allegations against the applicant is that he alongwith co-accused Karu Kewat, Karan and Hemlata had started abusing and on an objection by the complainant, she was beaten by fists and blows. The applicant did not know that co-accused Janved and Rishpal may come alongwith arms and may fire gunshot. Co-accused Hemlata and Karu Kewat have been granted bail by order dated 9.8.2021 and 1.10.2021 passed in MCRC Nos.35321/2021 and 43871/2021 respectively and the case of the applicant is identical to the case of co-accused Hemlata and Karu Kewat. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the respondent/State as well as counsel for the complainant. It is submitted by Shri Singh that the applicant has a criminal history and four more criminal cases have been registered against him. However, after going through the criminal antecedents of the applicant, it is fairly conceded that all those criminal cases have been registered under Section 323 of IPC.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case as well as period of detention, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rs. One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.