Jogendra Singh vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the first application under Section 438 of Cr.P.C. for grant of anticipatory b ail. Applicant Jogendra Singh apprehends h i s arres t in connection

with Crime No.329/2020, registered at Police Station Majholi, District Jabalpur (MP) for the offence punishable under Sections 302, 323 and 34 of the

IPC.

As per prosecution case, on 29/09/2020 complainant Prashant Singh Rajput lodged a report at P.S. Majholi, Distt. Jabalpur averring that, between 12

and 1 pm deceased Vikas Singh, Rajkishore, Dharmendra and he were standing at Negai Tiraha, Indrana, where co-accused Ujyar Singh came in a

jeep which was being driven by applicant Jogendra Singh. Co-accused Suryabhan Singh and Chhotu @ Chandrabhan were also standing there. Due t

o previous enmity, Ujyar Singh fired a gunshot targeting deceased Vikas Singh with intent to kill him. The bullet hit his stomach, thereafter, Chhotu

Singh took the gun from his father Ujyar Singh and fired a gun shot at Vikas and the bullet hit his head. Co-accused Suryabhan assaulted him

(Prashant Singh) by butt of the same gun, due to which he sustained injury in his head. He took Vikas to Metro Hospital Jabalpur then Medical

College Jabalpur, where doctors declared him dead. On that, police registered Crime No.329/2020 at PS Majholi Distt. Jabalpur for the offence

punishable under Sections 302, 323 and 34 of the IPC against applicant Jogendra Singh and co-accused Suryabhan Singh, Ujyar Singh and Chhotu @

Chandrabhan and investigated the matter. During investigation, police on the basis of call details and the mobile tower location and CCTV footage,

found that applicant Jogendra Singh and co-accused Suryabhan Singh were not present on the spot at the time of incident. So, the police did not file a

charge sheet against them. On the charge-sheet filed by the police, learned Magistrate directed the police to further investigate the matter. The Police

again after investigation, filed a further investigation report but even in that report, police stated that it was found that the offence was committed only

by co-accused Ujyar Singh and Chhotu Singh. On that, learned JMFC, Sihora vide order dated 10/3/2021, issued bailable warrant against applicant

Jogendra Singh and co- accused Suryabhan Singh. On that, applicant Jogendra Singh filed anticipatory bail application which was rejected by the

learned ASJ Sihora.

On that, the applicant filed this anticipatory bail application.

On 30/09/2020, co-accused Ujyar Singh also lodged a report at P.S. Majholi, Distt. Jabalpur averring that on 29/09/2020 at around 12:45 pm, when he

reached Negai Tiraha, Indrana, by his Jeep bearing registration No.MP20H5011 which was being driven by Bablu, he met Vikas Singh and Prasant

Singh. They abused him and when he objected, Prashant Singh assaulted him by stick due to which he sustained injury in his head and Vikas Singh

assaulted him by kicks and fists. On that, he fired with his point 0.22 licency gun, due to which Vikas sustained gunshot injuries in his stomach and

head. Prashant also assaulted him by stick, due to which his gun was broken and he sustained injury on fingers of his left hand. On that, police also

registered Crime no.0331/2020 at P.S. Majholi Distt. Jabalpur for the offence punishable under Sections 294, 323, 324, 325, 506 and 34 of the IPC

against deceased Vikas and complainant Prashant Singh Rajput.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He further submitted that due to

old enmity, the complainant implicated the whole family of Ujyar Singh in the crime. At the time of incident, the applicant was not present at the spot.

Even co-accused Ujyar Singh himself lodged the report regarding the incident stating that in the incident, he fired at Vikas Singh. Learned JMFC

wrongly issued warrant against the applicant. He further submitted that even otherwise, in the FIR lodged by complainant Prasant Singh alleged

eyewitness of the incident, there is no allegation against the applicant that the applicant fired a deceased Vikas Singh. The only allegation against him

at that time he was present on the spot. The charge sheet has also been filed, s o the custodial interrogation o f the applicant is not required. There is n

o likelihood o f his absconding or tampering with the prosecution evidence. The applicant is ready to cooperate in the trial. In the event of arrest, his

reputation will be ruined. Under these circumstances, the applicant prays for grant of anticipatory bail.

Learned counsel for the State opposed the prayer and submitted that the name of the applicant is mentioned in the FIR so looking to the gravity of the

offence, applicant.should not be released on bail.

However, t h e n a me o f t h e accused i s mentioned i n t h e First Information Report, investigating officer after investigation, on the basis of the

statements of witnesses found that the accused was not on the spot at the time of the incident. His presence was found at Jabalpur at that time. The

veracity o f the investigating officer’s report can not be ascertained at this stage, because it requires evidence to decide. But, at this

stage that report is one of the favouring factors to grant the anticipatory bail to the applicant. In the FIR, there is no such allegation against the

applicant that he fired at the deceased or instigated co-accused Ujiyar Singh to fire at the deceased. Charge-sheet has been filed, custodial

interrogation of the applicant is not required. So, looking to the facts and circumstances of the case, the application is allowed and it is directed that if

the applicant surrenders himself before concerned court within fifteen days from today, he shall be released on anticipatory bail on furnishing a

personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety in like amount to the satisfaction of the concerned Court for his

regular appearance before the Court during 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;

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 facts 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/Investigating Officer, as the case may be.

C.C. on payment of usual charges.