MCRC/41748/2020 of BALDEV ALIAS BABLU SAKET Vs THE STATE OF MADHYA PRADESH on 31 December 2020

The High Court Of Madhya PradeshMCRC-41748-2020

(BALDEV ALIAS BABLU SAKETVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2020]Jabalpur, Dated :

Heard through Video Conferencing.

Ms. Madhuri Saket, learned counsel for the applicant.

Shri K.S. Patel, learned P.L. for the respondent/State.

This is first bail application filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 06.06.2020 in connection withCrime No.437/2020 registered at Police Station-Rampur Baghelan,District-Satna (M.P.) for the offences punishable under Sections 294,323, 324, 506, 302 read with Section 34 of IPC.

A s per prosecution case, on 02.06.2020, an FIR has beenregistered by Shivcharan Saket (deceased) stating therein that on thesame date, at about 04:00 pm when he went to his farm, he saw thepresent applicant cutting farmyard and on raising objection, presentapplicant started abusing him and thereafter he assaulted the deceasedwith wooden stick. Thereafter, co-accused-Narendra Saket also reachedthere and assaulted the deceased with kick and fist. In said incident,deceased sustained injuries on his head and during treatment he died.

Learned counsel for the applicant submits that the applicant isinnocent person and has falsely been implicated in this case whereas hehas not played any role in the alleged crime. It is submitted by thecounsel that in fact on the date and time of incident, the applicant was inhis house, at that time son of deceased-Veerendra and Rahim came thereand assaulted the applicant and his family members. A counter FIRbearing Crime No.438/2020 has also been registered against thecomplainant party. She submits that complainant party was aggressor and 2MCRC-41748-2020therefore, no offence is made out against the present applicant. Brother ofpresent applicant namely Narendra Saket (herein co-accused) hassustained grievous injury on his head. She submits that co-accusedNarendra Saket has already been released on bail by this Court videorder dated 22.09.2020. Investigation is completed and charge-sheet hasalso been filed. There is no probability of his absconding and tamperingwith the evidence of prosecution. On account of ongoing COVID-19pandemic, trial will take sufficient time in its conclusion. The applicantis ready to furnish bail bond as per the order, abiding with all conditionsimposed by the Court. On these grounds, learned counsel for theapplicant prays for grant of bail to the applicant.

Per-contra, learned P.L. for respondent-State opposes the said bail application.

Heard.

On perusal, prima facie it appears that for the same date and time,two FIRs are registered by the police. First FIR bearing CrimeNo.437/2020 (present case) has been lodged by thecomplainant/deceased-Shivcharan whereas the another one has beenlodged by the co-accused of this case namely Narendra Saket. As perpost mortem report of deceased-Shivcharan Saket, cause of death iscraniocerebral injury (Head Injury) and its complication. During theincident, as alleged, the applicant is the person who assaulted thedeceased-Shivcharna Saket with wooden stick on his head. Such weaponhas also been recovered from his possession. Further, on perusal of casediary of counter case i.e. Crime No.438/2020, it appears that same hasbeen registered subsequently. The applicant submits that complainantparty was the aggressor but prima facie, it appears that in allegedincident mentioned in the counter FIR i.e. Crime No. 438/2020, neitherthe deceased was present nor the applicant sustained any injury. It is also MCRC-41748-2020

Conclusion

MCRC-41748-2020

seen that complainant of that case namely Narendra Saket (herein co-accused) has stated about the injury on his head and chest and other bodyparts but the material annexed in the case diary shows that neither CTscan report suggested any brain injury to him nor X-ray report of chest,shown any bone injury. The case of present applicant is different from thecase of co-accused-Narendra Saket as allegation against him was that heassaulted the deceased with kick and fist and therefore, no parity is madeout to the present applicant. Therefore, there is sufficient materialavailable on record against the present applicant, hence, at this stage, itis not a fit case to allow this bail application.

Accordingly, it is hereby dismissed. However, a liberty is grantedto the applicant to renew his bail prayer after recording the statements ofmaterial witnesses.

Certified copy as per rules.

(RAJENDRA KUMAR SRIVASTAVA)V. JUDGE

spDigitally signed by SAVITRI PATEL Date: 2021.01.05 17:21:26 +05'30'