MCRC/52901/2020 of VIKRAM Vs THE STATE OF MADHYA PRADESH on 31 December 2020

O R D E R

This is the first application filed under Section 439 ofCr.P.C. by the applicant – Vikram S/o. Lalsingh Sondhiya, whohas been arrested by Police on 3.8.2020 in connection withCrime No.288/2018, Police Station Baghana, District Neemuchfor the offence punishable under Section 341, 307 and 34 of theIPC.

As per prosecution story, on 15.10.2018 near about at7.10 pm. Police Station Baghana received information fromDistrict Hospital, Neemuch about the assault to thecomplainant/injured – Rajendra Singh. According to thecomplainant, when he was going on his motorcycle bearingRegistration No. MP-44-MG-3909 to his house, presentapplicant along with other miscreants came on a motorcycle andthreatened him in respect of giving information to the police byhim. The applicant gave a blow by a stick in his left hand due towhich he fell down. Thereafter, remaining two who were hidingtheir faces started assaulting him. He sustained the injuries onvarious parts of the body and started bleeding. Thereafter, allthe three took him on the motorcycle to Well of Kishan Loharwith an intention to kill him by throwing in the Well. As Kishan Lohar and other persons were sitting there, therefore, they couldnot succeed in throwing him into the Well but with an intentionto kill him, they threw a big stone on his right leg. The policeregistered the FIR against the present applicant and two others.As per the query report, the injuries sustained by thecomplainant were serious in nature and accordingly, offence u/s.307 of the IPC has been added.

Learned counsel for the applicant submits that theapplicant has been falsely implicated in the case. From15.10.2018 to 17.10.2018 the applicant was staying in HotelDeepdaman and he has furnished the photocopy of the bill andRegister of the hotel before the Superintendent of Police,Neemuch. Earlier, Investigating Officer vide letter dated10.1.2020 has submitted the report recommending closure of thecase against the present applicant vide Annexure A/2, but on histransfer, the new Investigating Officer has formally arrested theapplicant and filed the challan. He further submits that thepresent applicant was implicated in the NDPS case on the basisof memorandum u/s. 27 of the Evidence Act. Vide order dated17.12.2020 passed in M.Cr.C. No.46489/2020 this Court hasgranted him bail. He remained in custody from 27.7.2020 till17.12.2020. Apart from this, he has no criminal past. He alsosubmits that the injured has the previous enmity with theapplicant. He fell down from the motorcycle and sustained theinjuries, but he has falsely implicated in the present case. Theinvestigation is over and challan has been filed in this case,therefore, he is entitled to bail.

Learned Panel Advocate appearing for therespondent/State opposes the prayer.

I have perused the case-diary. The report of S.D.O.P.Javad, District Neemuch is available on record as Annexure A/2, in which, he has recommended for closure of the case againstthe present applicant because on the date of incident he wasstaying in Hotel Deepdaman. In view of the above, the applicanthas made out a prima facie case for grant bail.

Accordingly, this application is allowed and theapplicant is directed to be released on bail upon his furnishing apersonal bond in the sum of Rs.50,000/-(Rupees FiftyThousand) with one surety in the like amount to the satisfactionof the trial Court for his appearance before the trial Court on allsuch dates as may be fixed in this behalf by the trial Courtduring the pendency of trial and shall also abide by theconditions enumerated under section 437(3) Cr.P.C.

Conclusion

Before releasing the applicant from the custody thejail authorities are directed to medically examine him in order torule out the possibility of COVID -19 infections and shallcomply with the direction given by the Hon'ble Apex Court inWrit Petition No. 1/2020.

C.C. as per rules.

-Alok/

( VIVEK RUSIA )

V. JUDGE

Digitally signed by Alok Gargav

Date: 2021.01.05 13:12:03 +05'30'