Suresh And Four Others vs State Of M.P

Vivek Rusia, J

These are the first applications filed under section 439 Cr.P.C seeking bail in connection with Crime No.22/2021 registered at police station

Gandhwani, District Dhar for the offence punishable under section 307, 302, 147, 148, 149 of I.P.C.

As per prosecution story, complainant Shersingh, Assistant Secretary, Village Bharkua lodged a report on 09.01.2021 at Police Station Gadhwani that

today at 06:30 pm, he received phone call from Mahesh Assistant Secretary of the Gram Panchayat that Sarpanch Phool Singh has surrounded him

infront of shop of Rajendra and not permitting him to leave the place. He immediately rushed there through his Scorpio with his younger brother

Mersingh and his son Kamal and nephew Gulab and reached at 07:00 pm. Assistant Secretary Mahesh was found there disputing with Sarpanch

Phoolsingh. He tried to intervene in their dispute then (i) Khadak Singh, Phoolsingh, Lala, Radheshyam, Yaswant armed with Faliya,(ii) Pawan, Sohan,

Suresh, Tillu, Saryam @ Shriram and Chander armed with stick and (iii) Mahesh, Ajay Nihalsingh with stone came there and started fighting in

support of Sarpanch . All of them came there with common intention and said that two-three days back the complainant party assaulted their family

member and today they will not leave them alive. The Khadak Singh with the intention to kill gave a blow by Faliya to Mersingh on his head due to

which he fell down. Radheshyam gave a blow by Faliya to him on his back and started bleeding. Thereafter, the other accused have started to assault

them by means of stick and stone and then they ran away. Thereafter, his son Vikram, Kamal and Gulab took him to Gandhwani hospital, where his

brother Mersingh was declared dead. The police has registered the FIR against the aforesaid accused persons and arrested them. Only Rebal Singh is

absconding, rest of accused are in custody. Their bail applications have been rejected by the learned Sessions court looking to the gravity of the

offence.

Learned counsels for the applicants submits that police has registered an FIR against 11 accused persons without there being any specific act

attributable to them. Under the pressure of complainant, the FIR under Section 307 of I.P.C. has been registered whereas the complainant suffered

minor injuries. The applicants in M.Cr.C. No.24189/2021 said to have armed with stone and applicants in M.Cr.C.No.25098/2021 have unnecessary

named in the FIR without there being any assault by them or active participation in the offence. As per prosecution story only Khadak Singh gave a

single blow to Meresingh and due to which he died. The Radheshyam gave a blow of Faliya to complainant. There is no injury by stick and stone. In

order to show the gravity of offence, the police have made number of accused in this case , hence applicants are entitled for the bail .

Learned Panel Lawyer opposes the bail application by submitting that with the aid of Section 148 and 149 of I.P.C. these applicants have been made

accused for the offence punishable under section 307 and 302 of the I.P.C. . They came there with the common intention to kill the complainant.

Hence, they are not entitled for grant of bail.

I have heard learned counsel for the parties and perused the case diary (Challan).

As per the record, the allegation of causing injury by Faliya is against the Khadaksingh and Radheshyam. Against rest of accused, there is common

allegation for their presence with Faliya, stone and stick. The dispute was going on between Mahesh and Phoolsingh Sarpanch. The complainant

received a call at 06:30 pm and he reached on the spot within half an hour and that time dispute was going on. The complainant went there to settle

the dispute and the applicants and other accused persons came there armed with Faliya, stick and stone hence there cannot be is common intention to

murder of complainant and his brother, however it is a matter of evidence because dispute was going on between Mahesh and Phoolsingh. There is no

corresponding injuries of stick and stones. All the applicants in these two bail applications did not cause any injuries to the complainant and deceased .

Hence, the M.Cr.C.No.24189/2021 and bail application No.25098/2021 are hereby allowed . The dispute arose because of Phoolsingh thus

M.Cr.C.No.25098/2021 is rejected with respect to Phoolsingh.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the M.Cr.C. No.24189/2021 is allowed and

M.Cr.C. No.25098/2021 is allowed with respect to the applicants (except Phool Singh) and they are directed to be released on bail upon their

furnishing personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand only) each with surety in the like amount to the satisfaction of the Trial

Court for their appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3)

Cr.P.C.

Before releasing the applicants from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19

infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

Certified Copy as per rules.