Shivam Parmar vs State Of Madhya Pradesh

Sunita Yadav, J

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

The applicant has been arrested on 15.07.2019 by Police Station Daboh, District Bhind (M.P.) in connection with Crime No.159/2018 registered in relation to the offence punishable under Sections 294, 302 of IPC and Sections 25/27 of Arms Act.

Prosecution story, in brief, is that on 8.9.2018 at about 8:00 PM complainant was in his house and Sanjay, Ajay, Rajpal and Sonu were sitting outside his house, at that time Narendra, Pushpendra Singh and present applicant came and started using filthy language, thereafter complainant came outside his house and objected then the applicant and other co-accused persons returned back, but after sometime, applicant and other co-accused came on the roof of their houses and again started using filthy language. Again when complainant objected, co-accused Narendra who armed with firearm with an intention to kill Ajay fired a gun shot causing injury on the forehead of Ajay, who fell down from the roof and thereafter all accused persons have fired the gun shots in the air from their fire arms and fled away from the place of incident. During treatment, Ajay succumbed due to injuries sustained by him. During investigation and after death of Ajay, the police added Section 302 of IPC.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. The applicant is in custody since 15.07.2019. Charge-sheet has been filed and no further custodial interrogation is required. Learned counsel for the applicant further submits that main assailant is Sanjay Bohare who armed with fire arm and fired gun shot on the deceased-Ajay, whereas the complainant with an intention to save Sanjay Bohare has falsely implicated the present applicant in the alleged offence. There is no allegation against the present applicant of firing gun-shot on the deceased-Ajay. Complaint under section 200 of Cr.P.C. has been filed by the complainant in which he has stated that the main assailant of the deceased-Ajay is Sanjay Bohare which goes to show that the present applicant has been falsely implicated in the case. It is further argued that the Coordinate Bench of this Court in M.Cr.C. No.43905/2019 passed on 08.11.2019 granted the bail to co accused - Pushpendra Singh and submitted that the case of present applicant is similar to co-accused. Hence, he seeks parity and prays for grant of bail to the applicant.

Per contra, learned counsel for the State has opposed the bail application and prays for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, coupled with the fact that the co accused - Pushpendra Singh has already been granted bail by Coordinate Bench of this Court, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

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;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) 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;

4) The applicant will not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.