Suresh Rawat vs State of M.P.

D.K. Paliwal, J.—Heard.

This is first application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 98/2013 registered at Police Station, Tentara, District Morena, for the offence punishable under Sections 147, 148, 149, 294, 307, 302, 341 and 506-B of IPC.

As per prosecution case, complainant Ramdayal alongwith Suresh, Haret, Ramkishore, Ramkumar and Rambhajan were coming towards their house. As soon as they reached near Neem tree, Naresh Rawat armed with gun, Suresh, Dharmpal, Ramkumar, Vakila, Mahesh, Amar, Chandrapal, Narottam armed with Lathi, Mukesh armed with Gadasi and Kalua came there and after stopping, abused them. When they objected, Naresh gave a blow of butt on the head of Suresh, Suresh gave Lathi blow on the head of Haret, Mukesh gave Gadasi blow on the head of Ramkishore, Dharmpal gave a Lathi blow on the head of Rambhajan and Vakila gave Lathi blow on the back of Suresh. Thereafter, Mahesh, Amarsingh, Chandrapal, Narottam, Kalua gave beating to them by means of Lathi.

It is submitted by learned counsel for the applicant that applicant has been falsely implicated. He has not committed any offence. On the basis of the report of the applicant, a cross case under Sections 341, 294, 147, 148, 149, 323 and 506 Part II of IPC has been registered against the complainant party. The charge-sheet has been filed. It is further submitted that co-accused Kalua Rawat and Mahesh have been released on bail vide order dated 3.2.14 and 17.2.14 passed in M. Cr. C. Nos. 99/14 and 726/14 respectively and the case of present applicant is identical to that of co-accused. The applicant is in custody since 26.9.2013 and trial is likely to take some time. Hence, prayed for bail.

The prayer is opposed by learned Public Prosecutor.

Perused the case diary.

As per the medical report of Haret Rawat, an abrasion with swelling and haematoma over left occipital region and swelling over right fronto parietal region have been found. Both the injuries were caused by hard and blunt object. Ramkumar has sustained one lacerated wound and three contusions. Ramkishore has sustained one abrasion. Suresh has sustained one incised wound. Rambhajan has sustained four incised wounds over left parietal region, occipital region, left temporal region, middle of head and contusions. Haret remained admitted from 22.9.13 to 4.10.13 in J.A. Hospital. As per the postmortem report, the death has been caused due to cardio respiratory failure as a result of head injury.

Considering that fatal injury is attributed to the applicant, his case cannot be said to be identical with the co-accused. Considering the facts and circumstances of the case as well as gravity of the offence, the applicant is not entitled for bail. This bail application is accordingly dismissed.