Lavkush Singh vs State of M.P.

D.K. Paliwal, J.—Heard.

This is second bail application u/s 439 of Cr.P.C. The first application has been dismissed as withdrawn vide order dated 15.7.2014 passed in M.Cr.C. No. 737/14. The applicant has been arrested in Crime No. 16/2013 registered at Police Station, Bharoli, District Bhind, under Sections 302, 147, 148, 149, 336 & 341 of IPC.

According to prosecution case, the complainant Girand Singh alongwith his father Prem Singh, brother-Shankar Singh and daughter-in-law Rajni and Rekha were coming after having pooja at about 4.00 pm. When the tractor of the complainant reached near in front of the field of Dilip Singh, Rinku, Durg Singh, Banti Lavkush armed with their guns and Ramnath armed with lathi stopped the tractor which was driven by Shankar. Rinku fired at Shankar which hit him on his nose. He died on the spot. Durg Singh, Banti, Lavkush and Ramshankar started firing from their guns. Both Rekha and Rajni fell upon the body of Shankar then Halad, Lavkush and Ramnath gave blow by means of axe and lathi and butt of the guns and caused injuries to the father of the complainant.

It is submitted by learned counsel for the applicant that applicant has been falsely implicated. He has not committed any offence. The allegation against the applicant is that he caused injury to Prem Singh which was found to be simple in nature. Co-accused Ramnath Singh has been granted bail vide order dated 11.3.14 passed in M.Cr.C. No. 10359/13. The applicant is aged about 55 years. It is further submitted that a cross-case at crime No. 15/13 has been registered against the complainant party. Trial will take some time. Therefore, the applicant be released on bail.

The prayer is opposed by learned Public Prosecutor.

Case diary perused.

As per the postmortem report of Shankar Singh he has been received wound of entry over Nostril and everted deep to brain cavity over right parietal occipital region. Death has been caused due to hemorrhage and shock due to fire arm injury. As per the medical report of Prem Singh he has received one lacerated wound over middle skull, lacerated wound at right parietal bone and lacerated wound dorsal of ring finger, lacerated wound dorsal of middle finger of right hand. The injuries were reported to be simple in nature. A cross case has been registered at Crime No. 15/13 against the complainant party under Sections 147, 148, 149, 307 and 336 of IPC and Prem Singh and Veerbal have been granted anticipatory bail in cross case. Co-accused Ramnath Singh has been granted bail by coordinate bench of this court. The allegation against the Ramnath was that he was having lathi and he caused injury to Prem Singh while the allegation against the applicant is that he was having rifle and used blunt side of rifle causing injuries to Prem Singh. The applicant is in custody since 16.12.13. Case of the applicant is almost similar with the co-accused Ramnath.

Considering the allegation against the applicant and the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac) with two solvent sureties each of Rs. 50,000/- 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:-

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/her 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.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.