Raghvendra @ Munnu vs The State Of Madhya Pradesh
2021 Latest Caselaw 1645 MP

          01      HIGH COURT OF MADHYA PRADESH
                     M.Cr.C. No. 47496/2020
               (Raghvendra @ Munnu vs. State of M.P.)

Gwalior, Dated: 29/4/2021
        Heard through video conferencing.

        Shri Sushil Goswami, learned counsel for the applicant.

        Shri Ravindra Singh Kushwah, learned Dy. Advocate General

for the respondent-State.

Shri Ankush Jain, learned counsel for the complainant.

This is third application under Section 439 of CrPC for grant of

bail.

The applicant has been arrested on 15/10/2019 in connection

with Crime No.78/2019 registered at Police Station Nayagaon,

District Bhind for offence under Sections 302, 307, 147, 148 and 149

of IPC and Sections 25/27, 29 and 30 of Arms Act.

It is submitted by learned counsel for applicant Raghvendra @

Munnu that one I.A. No.22458/2020 has been filed by the applicant

for interim bail on the ground of ill health of his father. It is further

submitted that earlier this Court had called for the health status report

of the father of the applicant which has been received. Father of the

applicant is aged around 75 years and is suffering from various

ailments and there is no one in the house to look after him. Hence,

prayed for grant of interim bail. Further, arguing on main bail

application, it is submitted by learned counsel for the applicant that 02 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 47496/2020 (Raghvendra @ Munnu vs. State of M.P.)

the allegation levelled against the present applicant is of exhortation

only. Gunshot injuries have been caused by other co-accused persons.

While relying upon the judgment passed by the Supreme Court in the

case of Jainul Haque vs. State of Bihar, (AIR 1974 SC 45), it is

submitted by learned counsel for the applicant that Hon'ble the Apex

Court in the aforesaid case has specifically stated that the evidence of

exhortation is, in the very nature of things, as weak piece of evidence

and the Apex Court acquitted the accused persons in the aforesaid

case. It is further submitted that applicant is in custody since last more

than one year and six months and till date charges have not been

framed. Hence, prayed for grant of regular bail to the applicant.

Per contra, learned State counsel as well as learned counsel for

the complainant opposed the bail application and prayed to reject the

same.

Heard learned counsel for the rival parties and perused the

materials available on record.

Only considering the illness of the father of the applicant in the

present case where offence is of heinous nature, interim bail

application of the applicant cannot be considered.

Accordingly, I.A. No.22458/2020 is hereby rejected.

So far as the main bail application is concerned, present case is 03 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 47496/2020 (Raghvendra @ Munnu vs. State of M.P.)

of murder wherein gunshot injuries have been caused to the deceased

and at this stage, evidence cannot be looked into. Therefore, looking

to the gravity of offence, at this stage, this Court is not inclined to

grant regular bail to the applicant. Hence, without commenting upon

the merits of the case, main bail application is also rejected.

A copy of this order be sent to the trial Court concerned for

information.

Digitally signed by ALOK KUMAR Date: 2021.04.29 14:41:28 +05'30' (Rajeev Kumar Shrivastava) AKS Judge