Madhya Pradesh High Court
Balmik Shukla vs The State Of Madhya Pradesh on 11 August, 2021
Author: Satyendra Kumar Singh
1 MCRC-25820-2021
The High Court Of Madhya Pradesh
MCRC-25820-2021
(BALMIK SHUKLA Vs THE STATE OF MADHYA PRADESH)
8
Jabalpur, Dated : 11-08-2021
Heard through Video Conferencing.
Shri Manish Datt, learned senior advocate with Shri Ashok Kumar
Gupta, learned counsel for the applicant.
Shri Ramji Pandey, learned Panel Lawyer for respondent/ State.
Case diary is available with the learned Panel Lawyer.
With consent, heard finally.
This is first application filed under Section 439 of Cr.P.C for grant of
bail to the applicant, as he has been arrested in connection with Crime
No.244/2020, registered at P. S. Chak Ghat District Rewa for commission of
offence punishable under Sections 323, 506 302/34 of IPC.
Prosecution story, in brief, is that on 28.12.2020 at about 11:00 pm,
applicant along with co-accused persons Chintamani and Pratap Chand, in
furtherance of their common intention, to kill complainant's husband
deceased-Shiv Shankar assaulted him with stick on his head and other vital
parts of his body, due to which he died. Afterward, applicant and co-accused
persons also assaulted deceased's brother-Ramjanam and threatened him.
Learned senior counsel for the applicant has submitted that there was
family dispute between the deceased and co-accused-Chintamani, due to
which a quarrel occurred on the date of incident in which both the parties
assaulted each other. Applicant, being a friend of co-accused-Chintamani, has
falsely been implicated in the matter. On the report of co-accused-
Chintamani, a counter case bearing Crime No.245/2020 for the offence
punishable under Sections 294, 323, 506 and 34 of the IPC has also been
registered against deceased and his family members. There was a free fight
between the parties in which aggrieved person is liable for injuries caused by
Signature Not him. In the FIR lodged against the applicant, it is not alleged that he assaulted
SAN
Verified
Digitally signed by
VINAY KUMAR
BURMAN
Date: 2021.08.12
17:14:31 IST
2 MCRC-25820-2021
the deceased. Therefore, applicant is not at all liable for the injuries caused to
the deceased. He is in judicial custody since 29.12.2020 and trial will take time
for its conclusion. Learned senior counsel for the applicant has placed
reliance upon the judgment of the Apex Court in the matter of Pathubha
Govindji Rathod and another Vs State of Gujarat (2015) 4 SCC 363.
Therefore, it is prayed that applicant be released on bail.
Learned counsel for the respondent/ State has opposed the prayer for
grant of bail to the applicant and submitted that applicant came on the spot
along with co-accused persons came on the spot with an intend to kill the
deceased and in furtherance of their aforesaid common intention co-accused
persons caused grievous injuries on the vital parts of the deceased, due to
which he died. Hence, applicant is also liable for the above act. Offence
alleged against the applicant is of serious in nature, therefore, he is not entitled
to be released on bail.
Perusal of the case diary of both the crimes bearing Crime
No.244/2020 for the offence punishable under Section 294, 451, 323 and 302
of IPC and Crime No.245/2020 for the offence punishable under Section 294,
323, 506/34 of IPC, reveals that date, time and place of incidence of both the
cases are same, in which members of both the parties sustained injuries. In
the FIR lodged against the applicant and co-accused persons, it is alleged that
co-accused Chintamani and Pratapchand assaulted the deceased, while the
applicant assaulted to the brother of deceased-Ramjanam.
Having regard the rival submissions made by both the parties and also
going through the record and considering the facts and circumstances of the
case, without commenting anything on merits of the matter, in view of this
Court, applicant deserves to be released on bail. Hence, this application is
allowed.
It is directed that the applicant shall be released on bail on furnishing
his personal bond in the sum of Rs.1,00,000/- (Rupees one lakh only)
along with one solvent surety of the like amount to the satisfaction of the trial
Signature
SAN Not
Verified
Digitally signed by
VINAY KUMAR
BURMAN
Date: 2021.08.12
17:14:31 IST
3 MCRC-25820-2021
Court to appear before the court on the dates given by the concerned Court.
It is further directed that applicant shall comply with the provisions of
Section 437 (3) of Cr. P. C.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the
concerned Jail Authority is directed to follow the directions/ guidelines issued
by the Government with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
vinay
Signature
SAN Not
Verified
Digitally signed by
VINAY KUMAR
BURMAN
Date: 2021.08.12
17:14:31 IST
