Dheeraj Sharma (Mahate) vs State Of Madhya Pradesh

Anand Pathak, J

The applicant has filed this second bail application u/S.439 of the Cr.P.C for grant of bail. Applicant has been arrested on 08.07.2022, by Police Station- Seondha, District- Datia, in connection with Crime No.160/2022, for the offence punishable under Sections 302, 307, 294, 147, 148, 149 of the IPC and Section 25/27 of the Arms Act.

It is the submission of learned counsel for the applicant that applicant is suffering confinement since 8.7.2022 and three material prosecution witnesses/eyewitnesses Kalyan (PW/1), Satendra (PW/2) and Jitendra (PW/3) have been examined, therefore, chance of tampering with evidence/witnesses is remote. Only presence of applicant is referred in F.I.R. and no overt/overt act has been mentioned. Later on, in statement under Section 161 of Cr.P.C., his role has been referred to beat the deceased with the help of butt of the gun. Only on the basis of omnibus allegations, he is suffering confinement for last 21 months. Incidentally, Arvind Yadav (deceased) was not present at the initial incident which allegedly took place at residence of complainant. Deceased - Arvind was beaten up by the applicant's side when he persuaded the complainant side to lodge FIR. Therefore, element of previous enmity qua Arvind does not exist. According to counsel for applicant, he bears criminal record of 11 cases which haunt the applicant, in which, in 6 cases acquittal has been recorded and some of the cases are of minor denomination and for last 15 years, except this case, no case has been registered against him.

It is further submitted that role of applicant is confined to beat the deceased with the help of butt of gun as per chief-examination of witness -Kallu (PW-1). Therefore, it is difficult for the prosecution to assert regarding alleged commission of offence under Section 307 of IPC. No ingredients stare the applicant regarding offence under Section 307 of IPC. Complainant party waited in police station for MLC to be conducted and thereafter, FIR was written on the basis of injuries sustained by the victim/deceased. This shows the bent of mind regarding false implication. Now, he learnt the lesson hard way and would mend his ways by not involving in any criminal activities in future and is ready to abide by the terms and conditions as imposed by this Court from time to time. Counsel for the applicant further submitted that co-accused Veerendra @ Veeru Sharma (MCRC No.21666/2023), Chandrabhan Kushwaha (MCRC No.46645/2023), Rohit Sharma (MCRC No.49615/2023), Ritik Mahate (MCRC No.50896/2023), Manoj @ Pappu Sharma (MCRC No.52272/2023) and Ankit @ Anku (M.Cr.C. No.5681/2024) have already been granted benefit of bail by this Court and he seeks parity. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant party. Applicant intends to perform some community service to purge himself out of the guilt felt by him and to serve national / environmental / social cause. Therefore, he prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of application.

Heard learned counsel for the parties at length and perused the case diary.

Although submission made on point of merits is to be tested before the trial Court however, considering the submissions especially the period of custody and nature of allegations as well as parity as sought by the applicant vis-a-vis co-accused Veerendra @ Veeru Sharma (MCRC No.21666/2023), Chandrabhan Kushwaha (MCRC No.46645/2023), Rohit Sharma (MCRC No.49615/2023), Ritik Mahate (MCRC No.50896/2023), Manoj @ Pappu Sharma (MCRC No.52272/2023), Ankit @ Anku (MCRC No. 5681/2024), but without commenting on the merits of the case, this Court intends to allow this application but with certain stringent conditions. Accordingly, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of trial Court.

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

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

(ii) The applicant will co-operate in the investigation/trial, as the case may be;

(iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

(iv) The applicant will not seek unnecessary adjournments during the trial;

(v) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

(vi) Applicant shall not move in the vicinity of complainant and shall not enter into the village/area where the complainant resides and shall not be a source of embarrassment and harassment to them and he shall not involve in any criminal activities in future, otherwise, benefit of bail shall immediately be withdrawn.

(vii) Applicant shall not try to contact the complainant party in person or through any digital/electronic media otherwise, benefit of bail shall immediately be withdrawn.

(viii) Applicant shall mark his presence on every first and fifteenth day before the Police Station Seodha, Datia between 10:30 am to 2 pm till conclusion of trial.

(ix) It is made clear that this bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.

It is expected from the applicant that he shall submit photographs by downloading the mobile application (NISARG App) prepared at the instance of High Court for monitoring the plantation through satellite / Geo-tagging / Geo-fencing.

Application stands allowed and disposed of.

11 A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.