Madhya Pradesh High Court
MCRC/2723/2024 of RAKESH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 2723 of 2024
BETWEEN:-
RAKESH S/O SIDDHU BHEEL, AGED ABOUT 22 YEARS,OCCUPATION: LABOR VILLAGE CHIKHLI, TEHSILMHOW , SIMROL DIST. INDORE (MADHYA PRADESH)
(BY SHRI VISHAL BAHETI - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH PS. SIMROL INDORE (MADHYAPRADESH)
(BY SHRI SAGAR MULEY - P.L.)
.....RESPONDENT
This application coming on for order this day, the court passed thefollowing:
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ORDER
This is first application under section 439 Cr.P.C. for grant of bail inconnection with crime No. 102/2021 registered at P.S. Simrol, Indore for theoffence under sections 147, 148, 323 r/w 149, 302 and 302 r/w 149 of IPC..
As per prosecution story, the applicant along with other co-accusedpersons constituted unlawful assembly and assaulted the complainant and hisfather Raju. He succumbed to death.
3. Counsel for the applicant submits that as per prosecution story, themain allegation is against Umrao who attacked the father of complainant by axe.Against the applicant the allegation is that he was present on the spot armed with lathi. It is further stated that son of the deceased, PW-1 Lakhan has turnedhostile.
4. Counsel for the State opposed the prayer mainly on the ground thatoffence under section 302 IPC is registered with the aid of section 149 IPC. Itis alleged that applicant was armed with lathi. He has also actively participated inthe offence. There are 5 criminal cases registered against the applicant apartfrom this case under IPC..
5. Upon perusual of the statement of PW-1, Lakhan who is son ofdeceased, it is evident that he had made specific allegation that all the accusedpersons have beaten him and his father. Though he was declared hostile tosome extent and leading questions were asked in which he has specific statedthat Umrao along with other co-accused persons have beaten his father.
6. Considering the allegation that applicant was armed with lathi andconstituted unlawful assembly and lathi is alleged to have been seized from theapplicant, no case for grant of bail is made out. M.Cr.C. is accordinglydismissed.
However, considering the custodial period, it is observed that trial courtshall make all endeavours to expedite the trial.
MK
(VIJAY KUMAR SHUKLA)JUDGE