Ombabu vs State Of Madhya Pradesh And Others

Anil Verma, J

Applicant has filed this second repeated bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.144/2022 registered at P.S. Suthaliya, District Rajgarh (M.P.) for commission of offence punishable under Sections 147, 148, 149, 294, 323, 324, 302 and 506 of IPC. He is in jail since 13.05.2022. His earlier bail application was dismissed and withdrawn by this Court vide order dated 02.01.2023 passed in MCRC No.60596/2022.

As per the prosecution story, on 22.04.2022 at around 10:00 PM, present applicant alongwith Santosh Bai, Leelabai, Banshilal. Present applicant, co- accused Nandram, Manish, Rohit, Banesingh and Harisingh started abusing complainant Rodji and present applicant and co-accused Banshilal started hitting for stopping them to pass the tractor from the place of the complainant. It is also alleged that while Lalji, Batulal and Jyoti came to rescue Rodji, Bapulal was beaten by stick. During the investigation and treatment Bapulal died.

Accordingly, a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 13.05.2022. Complainant Rodji (PW-1) and all other eye witnesses Lalji (PW-2), Jitendra (PW-3), Mukesh (PW-4), Mahesh (PW-5), Premnarayan (PW-6), Sugan Bai (PW-7), Jyoti (PW-8), Dariya Singh (PW-9) and Sargn (PW-10) have been examined before the trial Court. All of them have turned hostile and have not stated anything against the present applicant. All these witnesses have categorically stated in their statement that at the time of incident some unknown persons were pelting stones, due to which deceased Bapulal and injured witnesses have sustained injuries, but due to darkness of the night they could not identify the miscreants. No overact has been mentioned in the FIR against the present applicant. Other co-accused Santosh Bai, Leelabai, Nandram and Harisingh have been enlarged on bail by this Court vide order dated 12.09.2022, 21.11.2022, 12.12.2022 and 24.04.2023 passed in M.Cr.C.Nos.40161/2022, 54072/2022, 55849/2022 and 16947/2023 in the similar circumstances. Final conclusion of trial will also take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that including complainant Rodji (PW-1) and all other eye witnesses, whose name mentioned in the FIR have completely turned hostile and they have not stated anything against the present applicant; all of them have only stated that some unknown persons were pelting stones at the time of incident, but due to darkness of the night they could not identify the miscreants and final conclusion of trial will take considerable long time. In view of the evidence available on record, without commenting on the merits of the case, I deem it proper to release the applicant on bail.

Accordingly, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/-(Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.