MCRC/52272/2018 of DHARMENDRA PAL Vs THE STATE OF MADHYA PRADESH on 31 December 2018

O R D E R

This is the first bail application under Section 439 of Cr.P.C. inCrime No.794/2015 under Section 302, 120-B, 201 and 34 of the IPCregistered at Police Station-Madhavnagar, District-Ujjain.

2. The case of the prosecution is that on 01.11.2015, Vijay was stabbedby some miscreants. His brother Ravi claimed that he had seen thatShubham, Dharmendra (petitioner), Lakahn and Ravi had repeatedlystabbed him by knife. Frightened by the incident, he ran away from thespot and on the next morning contacted the police and revealed theincident.

3. It is pleaded by the learned counsel for the applicant that theincident took place on 22:30 on 01.11.2015. As mentioned in the casesheet of the hospital, one Rajesh took the deceased to the hospital at23:55. The hospital authorities informed the police about admission of theinjured and also about his death. The police reached to the hospital nextday at 10:50 forenoon. Ravi identified the dead body and thereafterlodged Dehati Nalishi at 11:00 hours alleging that the applicant alongwith other co-accused persons has murdered his brother Vijay. After twodays, the police recorded statement of Rajesh who revealed that on hisway, when he saw an ambulance and inquired, one Kallu Thakur, whowas sitting in the ambulance informed him that he found Vijay in injuredcondition, therefore taking him to the hospital. This Kallu is neverinterrogated by the police. Ambulance staff is also not interrogated by thepolice, therefore, the case of the prosecution is doubtful.

4. It is further pleaded that since 23.11.2015, he is in jail and not a

single witness could be examined before the trial Court. Co-accsuedShubham @ Gajini has been granted bail by this court vide order dated05.12.2018 passed in M.Cr.C No.44999/2018 and he has complete paritywith the co-accused, therefore, he be granted bail.

5. Opposing the prayer, learned counsel for the respondent/State drewmy attention towards post-mortem report, statement of Ravi and criminalrecord of the applicant and submitted that eye-witnesses have seen theapplicant along with co-accused persons causing injuries to the deceased.Post-mortem confirmed that the deceased sustain several incised woundwhich resulted in his death but has not controverted the fact that thepresent petitioner has parity with co-accused person.

6. In view of the contentions of the learned counsel for the petitioner,evidence available in the case diary and other facts and circumstances ofthe case, I deem it proper to release the accused/applicant on bail.Therefore, without commenting on merits of the case, the application isallowed.

7. It is directed that the applicant Dharmendra S/o Manoj Pal bereleased from custody on his furnishing a personal bond in the sum ofRs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties to thesatisfaction of the Trial Court for his appearance before the Trial Court asand when required further subject to the following conditions :-

(I)The applicant shall co-operate with the trial and shallnot seek unnecessary adjournments on frivolous grounds toprotract the trial.;

(ii) The applicant shall not directly or indirectly allure ormake any inducement, threat or promise to the prosecutionwitnesses, so as to dissuade him from disclosing truth beforethe Court;

(iii) The applicant shall not commit any offence or involvein any criminal activity;

(iv) In case of his involvement in any other criminalactivity or breach of any other aforesaid conditions, thebail granted in this case may also be cancelled.

(v) He shall regularly mark his presence at concernedpolice station in the first week of every month till disposalof the case.

(Virender Singh)Judge

amit

Digitally signed by Amit Kumar Date: 2018.12.31 16:38:30 +05'30'