Dhananjay Chakrawarti vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the second application under Section 439 of the Cr.P.C. for grant of bail. Applicant Dhananjay Chakrawarti was arrested on 22/08/2020 in

connection with Crime No.454/2020 registered at Police Station Garha, District Jabalpur (MP) for the offence punishable under Sections 294, 323,

307, 302, 34 of the IPC and Section 25 of the Arms Act.

The first application filed by applicant was dismissed as withdrawn by this Court vide order dated 17/03/2021 passed in M.Cr.C.No.53700/2020.

As per prosecution case on 21/08/2020 at around 11:00 P.M. when complainant Lalit Singrha alongwith his brother Omi Singrha & Satyam Singrha

was standing outside of his house located at Sharda Chowk, near yellow building, applicant Dhananjay and co-accused Kallu and Abbu @ Vishal

came there and abused him. When complainant Lalit objected, applicant and co-accused assaulted the complainant Lalit and Omi Singrha with knife

and stone. When deceased Golu Vishwakarma came to rescue them, applicant and co-accused persons assaulted him. Co-accused Abbu @ Vishal

assaulted deceased Golu with knife, due to which he sustained injury in his left thigh. Due to the injury sustained by Golu in the incident, he died during

treatment.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. The statement of Lalit Singrha

(PW/1), Omi Singrha (PW/2) and Satyam Singrha (PW/3) have been recorded by the trial Court. They did not support the prosecution story regarding

assaulting the deceased Golu by applicant. Though, it is alleged that in the incident applicant assaulted deceased Golu, but from the MLC report of

deceased Golu it appears that in the incident deceased Golu sustained only one stab injury in his left thigh and according to prosecution story that injury

was caused by co-accused Abbu @ Vishal. The applicant has been in custody since 22/08/2020. The charge-sheet has been filed and conclusion of

trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that in the incident applicant also assaulted deceased Golu, so he should not be

released on bail.

Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that there is no allegation against

applicant that the injury sustained by deceased Golu in the incident in his left thigh was caused by applicant, statements of Lalit Singrha (PW/1), Omi

Singrha (PW/2) and Satyam Singrha (PW/3) have been recorded by the trial Court, the applicant is in custody since 22/08/2020, charge-sheet has

been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the

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

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

2.The applicant will cooperate in the trial;

3.The applicant will not indulge himself in extending inducement, threat o r 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;

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

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

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

C.C. on payment of usual charges.