Madhya Pradesh High Court
Bablu Kevat vs The State Of Madhya Pradesh on 20 October, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.50137/2021
Bablu Kevat vs. State of M.P.
Gwalior, Dated : 20.10.2021
Shri Harish Sharma, Counsel for the applicant.
Shri C.P. Singh, Panel Lawyer for the respondent/State.
Shri Siddharth Sharma, Counsel for the complainant.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 3.6.2021 in connection
with Crime No.14/2021 registered at Police Station Atraita, District
Datia for offence under Sections 323, 307, 302, 34 of IPC and under
Section 25, 27 of the Arms Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, the house of co-accused Janved Kewat is
adjoining to the house of the complainant. The complainant has an
old enmity with the co-accused persons. According to the FIR at
about 8 PM some visitor has parked his motorcycle in the house of
Janved Kewat and accordingly, co-accused Hemlata, Karu Kewat,
Karan and the applicant started abusing. When the complainant
requested co-accused Hemlata that the motorcycle belongs to visitor
and why she is abusing him, then it is alleged that co-accused
Hemlata, Karu Kewat, Karan and the applicant got annoyed and
THE HIGH COURT OF MADHYA PRADESH
MCRC No.50137/2021
Bablu Kevat vs. State of M.P.
started assaulting the complainant by fists and blows. On hearing of
the screams of the complainant, her nephew Phool Singh also came
there. It is alleged at that time co-accused Javned and Rishpal came
on the spot. They were having fire arms in their hand. On the
instigation of co-accused Janved, Rishpal fired a gunshot causing
injury to Phool Singh. It is alleged that Janved also fired gunshot,
which caused injury on the calf of her left leg. It is submitted that
even if, the entire allegations are accepted, then it is clear that the
incident started on unauthorized parking of the motorcycle in the
house of the applicant. Even otherwise the only allegations against
the applicant is that he alongwith co-accused Karu Kewat, Karan and
Hemlata had started abusing and on an objection by the complainant,
she was beaten by fists and blows. The applicant did not know that
co-accused Janved and Rishpal may come alongwith arms and may
fire gunshot. Co-accused Hemlata and Karu Kewat have been
granted bail by order dated 9.8.2021 and 1.10.2021 passed in MCRC
Nos.35321/2021 and 43871/2021 respectively and the case of the
applicant is identical to the case of co-accused Hemlata and Karu
Kewat. The trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with the prosecution
case.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.50137/2021
Bablu Kevat vs. State of M.P.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State as well as counsel for the
complainant. It is submitted by Shri Singh that the applicant has a
criminal history and four more criminal cases have been registered
against him. However, after going through the criminal antecedents
of the applicant, it is fairly conceded that all those criminal cases
have been registered under Section 323 of IPC.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case as well as
period of detention, without commenting on the merits of the case,
the application is allowed. It is directed that the applicant be released
on bail on furnishing a personal bond in the sum of Rs.1,00,000/-
(Rs. One Lac Only) with one surety in the like amount to the
satisfaction of the Trial Court/Committal Court to appear before the
Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in
case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in
the case of Aparna Bhat & Ors. vs. State of M.P. passed on
18/3/2021 in Criminal Appeal No.329/2021, the intimation
regarding grant of bail be sent to the complainant.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.50137/2021
Bablu Kevat vs. State of M.P.
Certified copy as per rules.
(G.S. Ahluwalia)
(alok) Judge
ALOK KUMAR
2021.10.20 14:49:59 +05'30'
