MCRC/52188/2018 of RAJKUMAR @ RAJU KURMI Vs THE STATE OF MADHYA PRADESH on 31 December 2018

The High Court Of Madhya PradeshMCRC-52188-2018

(RAJKUMAR @ RAJU KURMIVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2018]Jabalpur, Dated :

Shri A.K. Kurmi, Advocate for the applicant.

Shri Pramod Choubey, Govt. Adv. for the respondent/State.

Shri B.J. Chourasia, Advocate for the objector.

Heard with the aid of case diary.

This i s the first application under Section 439 Cr.P.C for grant o f bail inconnection with Crime No.484/2018 registered at Police Station Rehli, Distt. Sagar(M.P.) for the offences punishable under Sections 323,324, 325, 147, 148, 149,294, 506 and 307 of IPC.

As per prosecution story, on 13/10/2018 at about 9 p.m., applicant Rajkumar@ Raju Kurmi and other co-accused Rajaram, Ramesh, Gorelal, Parmanand, BalaPrasad, Kamlesh, Premlal, Raju, Naran, Nilesh, Babloo and Lalta Prasad abusedcomplainant Hargovind and his son Pradeep and also assaulted them by axe and stick.Applicant Raju assaulted Pradeep by axe on his head and co-accused Ramesh Kurmiassaulted complainant Hargovind by axe on his head. When his elder son Kaushalcame to rescue them, co-accused Bala Prasad also assaulted him by axe on his headand when Hevendra Kurmi, younger brother of the complainant came to rescue them,other co-accused also assaulted him.

Learned counsel for the applicant submits that the applicant is innocent andhas falsely been implicated in the offence. No offence under Section 307 of the IPCis made out from the evidence collected by the prosecution against the applicant. It issubmitted that counter case was also registered a s Crime No.485/2018 f o r theoffence punishable under Sections 294, 323, 324 and 506, 34 of the IPC against theinjured persons. The applicant is in custody since 20/11/2018 and the conclusion oftrial is likely to take long time, hence prayed for release of the applicant on bail.

O n t he other hand, learned counsel f o r t he respondent/State a s well asobjector opposed the prayer and submitted that i n the incident, the complainantHargovind, Kaushal Kurmi and Pradeep Kurmi sustained injuries. In the MLC reportof injured Pradeep, it is mentioned that the injury sustained by him is dangerous tolife. So, the applicant should not be granted bail.

Looking to the facts and circumstances of the case and as to the fact that it is alleged that the applicant assaulted injured Pradeep by axe while in M.L.C. report ofinjured Pradeep, it is mentioned that only one contusion was found on his head, theapplicant is in custody since 20/11/2018 and conclusion of the trial is likely to takelong time, therefore, without commenting on the merits of the case, the applicationis allowed and applicant- Rajkumar @ Raju Kurmi is directed to be released onbail upon hi s furnishing personal bond in the sum of Rs.50,000/- (Rs. FiftyThousand Only) with surety in the like amount to the satisfaction of the concernedtrial Court for his appearance before the trial Court on all such dates as may be fixedin this behalf by the trial Court during the pendency of trial.

This order will remain operative subject t o compliance o f t he followingconditions by the applicant :