Devlal vs State of M.P.

D.K. Paliwal, J.—Heard.

This is first bail application u/s 439 of Cr.P.C.

The applicant has been arrested in Crime No. 122/2014 registered at Police Station Ishagarh, District Ashoknagar for the offence punishable under Sections 307, 323, 294, 324, 506-B, 147, 148, 149 and 302 of IPC.

As per prosecution case, the complainant Pooran along with Chanda, Shubhalal, Chandan, Mohkam, Bhago Bai and Hargyan Bai was cutting crops from his field, at about 10:00 AM Ranveer Singh armed with iron rod, Vijay Singh armed with Ballam, Hari armed with luhangi, Udabhan armed with iron rod, along with Devlal Mohar Singh and Kallu came there and asked why they were cutting the crops of their field and started abusing, when complainant said the field belongs to him then Ranveer Singh gave a blow of iron rod which hit on the head of complainant and blood oozing from the wound, Hari gave a luhangi blow on the right hand, Mohar Singh also gave a lathi blow which hit on left hand, then Chanda, Sundarlal, Chandan, Bhagobai, Hargyan Bai, Mohkam came to save the complainant, they were also beaten by means of luhangi, ballam, lathi and iron rod. Report was lodged and the injured were sent for medical examination, thereafter in the hospital Chandan died.

It is submitted by the learned counsel for the applicant that he has not committed any offence. He has falsely been implicated in the alleged offence. In the report the name of Kallu Aadivasi has been mentioned as accused, but Kallu Aadivasi had died long back i.e. in the year 2001. It is further submitted that there is no specific allegation against the applicant. The applicant is under custody 30.3.2014. Hence, the applicant be released on bail.

The prayer is opposed by learned Public Prosecutor.

Case diary perused.

From the medical report of Chandan, it appears that he has received one incised wound over skull and four abrasion and from the post-mortem report of Chandan he has received one incised wound over his skull with fracture, two parallel vertical abrasion on the abdomen and two scratch abrasion on the back and death was due to cardio respiratory failure due to head injury. As per medical report, Sundarlal has received one abrasion and contusion and bruise, Mohkam has received lacerated wound, three contusion and one abrasion, Chanda has received two contusion and lacerated wound, Pooran has received two contusion and one abrasion, Bhagobai has received two lacerated wounds and Hargyan Bai has received three contusions. Pooran has also received fracture on right ulna bone. Bhagobai has received fracture of mid shaft of left radius bone in left forearm. In the case diary statement Pooran stated that Ranveer has given blow by means of iron rod on the head of Chandan and Udai Bhan also gave the blow by means of iron rod. In the statement Pooran has stated that he has named Kallu by mistake in the report, who has died 15 to 20 years back.

Considering that the applicant is named in the FIR and he along with co-accused took active participation in the commission of murder of Chandan and causing injuries to several persons, therefore, the applicant is not entitled for bail.

Consequently, the bail application filed by the applicant stands rejected.