Vinay Dubey vs State Of Madhya Pradesh And Others

This criminal appeal has been filed under Section 14-A (1) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 02.02.2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in B.A./Special Case No.48/09; whereby learned Special Judge rejected the bail application filed by the appellant Vinay Dubey, under Section 439 of Cr.P.C. to get bail in Crime No.563/2008 registered at P.S. Kotwali, District Raisen (M.P.) for the offences punishable under Sections 147, 148, 149, 294, 506, 307, 302 of the IPC r/w Section 25/27 of Arms Act r/w Section 3(2)(v) of (SC/ST) Prevention of Atrocities Act.

In total, this is third appeal filed by the appellant and first application filed by the appellant was dismissed on merits vide order dated 24/9/2018 passed in Cr.A.no.4731/2018 and second application of the appellant was dismissed on merit vide order dated 13.03.2019 passed in Cr.A. No.1717/2019.

A s per prosecution case, on 22/12/2008 when deceased Girish Sonkiya, the then Sarpanch of village Sahjadpura was returning from Bhopal to Pathriya Batiyagarh along with an ex-MLA Smt. Sonabai, Bablu, Kamal Dubey and complainant Jittu by Alto car bearing registration no.MP20CA2984 on the way at about 10 PM, when car reached near Mana Dhaba, one TATA Safari jeep bearing registration No.MP34C1111 came and stopped the car by dashing it. Applicant Vinay Dubey, co-accused Ramkishore, Bablu, Ajay Nayak, Monu Parashar, Ramdas @ Jhagdu, Sandeep Dubey, Bhuppa @ Bhupendra, and Paras Jain armed with country made pistol and Sanjay armed with Backa came out from the Safari and made a murderous assault on the persons sitting in the car by firing at them by country made pistols. Bablu and Girish sustained gunshot injuries and Sonabai also sustained injuries. Girish died on the spot due to gunshot injuries sustained by him in the incident. On that report, police registered Crime No.563/2008 for the offences punishable under Sections 147, 148, 149, 294, 506, 307, 302 of the IPC r/w section 25/27 of Arms Act r/w section 3(2)(5) of (SC/ST) Prevention of Atrocities Act and investigated the matter. During investigation on 14/11/2017 police arrested the appellant. On that, the appellant filed an application under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 02/02/2019. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

Learned counsel for the appellant submitted that appellant is innocent and has falsely been implicated in this matter. The statements of eye-witnesses of the incident Sonabai (PW-1), Kamal Dubey (PW-2) and Bablu Ahirwar (PW-3) have been recorded by the trial Court. They did not support the prosecution story and turned hostile. Even the independent witness of the seizure memo Ram Singh (PW-4), Ashish (PW-5), Premchand (PW-7) and Tularam (PW-8) also turned hostile and did not support the prosecution story. Although, Jitendra Lodhi (PW-10) alleged eyewitness of the incident deposed that applicant was also involved in the crime but in this regard there are many contradiction and omission in his statement. The appellant is in custody since 14/11/2017. Charge-sheet has been filed and conclusion of trial will take time. So, the appellant be released on bail.

Learned counsel for the State as well as objector opposed the prayer and submitted that earlier bail applications of the appellant were dismissed on merits, thereafter, there is no change in the circumstances. Jitendra Lodhi (PW10), clearly deposed in his statement that the appellant was also involved in the crime. He further submitted that the appellant had absconded soon after the incident, and has arrested by the police on 6/11/2017. Against the other co-accused namely Monu @ Sachin, Sandeep, Ajay @ Ajju Nayak, Ramdas Vishwakarma @ Jhagdu, Bhuppa @ Bhupendra and Paras Jain, the trial Court passed the judgment and found them guilty for the offences punishable under Sections 147, 148, 149, 294, 506, 307 and 302 of IPC and also Section 25/27 of the Arms Act, Section 3(2)(5) of ST/SC (Prevention of Atrocities) Act. Therefore, he should not be released on bail.

Earlier applications filed by the appellant were dismissed on merits vide orders dated 24.09.2018, 13.03.2019 passed in Cr.A.no.4731/2018 and Cr.A. No.1717/2019 respectively, thereafter, there has been no change in the circumstances. Complainant Jitendra Lodhi (PW-10), clearly deposed in his statement that the appellant was also involved in the crime. At this stage, this Court is not inclined to ascertain the veracity of the statement of Jitendra Lodhi (PW10) by evaluating his statement on merits. So, looking to the allegation and gravity of the offence, this Court is not inclined to grant bail to the appellant.

Hence, the appeal is dismissed.