Naresh vs State Of MP

S.A. Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

Applicant has been arrested on 21/09/2020 by Police Station â€" Sewda, District Datia (M.P.) in connection with Crime No. 170/2020 for the

offences punishable under Sections 307, 323, 324, 294, 506, 34 of IPC.

The allegation against the applicant and other co-accused persons, in short, are that the complainant Dharmendra Singh Chauhan on 20/09/2020 in

injured condition has lodged a report at police station concerned to the effect that on 19/09/2020 at about 11.30 Pm in the night, he along with

Raghvendra Singh Chauhan and Dharmendra Singh Bais were watching T.V., at that time, the present applicant armed with gun came along with co-

accused Sanju Yadav, Pramod Singh Yadav and Suresh Singh Yadav, who were armed with Axe and started abusing the complainant filthily, which

was opposed by the complainant and told them to vacate the house. Thereafter, the present applicant assaulted the complainant Dharmendra Singh

Chauhan by means of butt of the gun, whereas, other co-accused persons assaulted the victim by means of Axe, due to which, the victim received

injury on the head and blood started oozing out, Thereafter, the present applicant called on mobile phone the other co-accused persons from village and

thereafter, co-accused Dinesh Yadav, Khem Singh, Kuldeep and Deepu armed with Lathi came on the spot and they all assaulted the victim by

means of Axe and Lathi, due to which, the victim received various injuries on their body. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant has falsely been implicated in the case. The applicant has not committed the alleged offence,

He is innocent and not involved directly or indirectly in commission of said offence. Even in view of averments of FIR, no alleged offence is made out

against the applicant. It is further submitted that charge sheet has since been filed and further custodial interrogation of the applicant may not be

required. The cross case has also been registered against the complainant party. The FIR was lodged by the applicant prior to the FIR lodged by the

complainant. The complainant was aggressor and therefore, in defence the applicant has beaten him. There was no intention to assault or kill the

complainant, otherwise, the applicant would have fired the gun shot. The applicant has no criminal antecedents. It is further submitted that trial is held

up due to COVID-2019 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that

in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. The applicant is in jail since 21/09/2020

and he is a permanent resident of District-Datia. There is no possibility of his absconding or tampering with the evidence. The applicant is ready to

abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned State counsel as well as counsel for the complainant opposed the application on the ground that in the cross case the applicant has received

only one contusion and abrasion, whereas, in the present case, all the three victims have received number of injuries on various parts of their body. In

fact, the present applicant had called on mobile the other co-accused persons from village, who arrived at the spot armed with Lathi and had actively

took part in the alleged offence and had caused various injuries to the victim by means of Axe and Lathi. Some of the co-accused persons are still

absconding and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail

is made out. It is further submitted by learned counsel for the State that such type of crimes are increasing very rapidly now a days and, therefore,

looking to the gravity of the offence, he prays that bail may not be granted to the present applicant.

On considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case particularly the nature

of allegation, gravity of offence and role played by the applicant, I am of the opinion that this is not a fit case, in which bail may be granted to the

present applicant Naresh. Accordingly, application of the present applicant under Section 439 Cr.P.C. relating to the aforesaid crime is hereby

dismissed.

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