Manoj Rai vs The State Of Madhya Pradesh
2022 Latest Caselaw 3902 MP

                                                                       1
                                     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                             ON THE 22nd OF MARCH, 2022

                                                  MISC. CRIMINAL CASE No. 12212 of 2022

                                          Between:-
                                          MANOJ RAI S/O SHRI PRATAP RAI , AGED ABOUT
                                          38 YEARS, OCCUPATION: NIL R/O NEAR TILAK
                                          PARK,   MANGALWARA        KASWA,   SEHORE,
                                          DISTRICT SEHORE (M.P.) (MADHYA PRADESH)

                                                                                                        .....PETITIONER
                                          (BY SHRI RAHUL DESHMUKH, ADVOCATE )

                                          AND

                                          THE STATE OF MADHYA PRADESH THROUGH
                                          POLICE STATION MANDI DISTRICT SEHORE,
                                          (M.P.) (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                          (BY SHRI ATUL AGNIHOTRI, GOVT. ADVOCATE)

                                       This application coming on for admission this day, the court passed the
                                 following:
                                                                        ORDER

This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His first bail application bearing M.Cr.C.No.51510/2020

was dismissed vide order dated 16.3.2021.

T he applicant has been arrested on 11.10.2020 by Police Station Mandi, District-Sehore (M.P.) in connection with Crime No.261/2020 for the offence punishable under Sections 302, 307, 294, 323, 325, 506, 34 of Indian Penal Code.

It is submitted that applicant has been falsely implicated in the case. He has not committed any offence in any manner. It is a case of free fight and the cross case has also been registered at Crime No.262/2020 wherein applicant party has also received the injuries. There is no allegation of inflicting injuries to the deceased Damodar by the applicant. The allegation of inflicting injury to Kanahiyalal is on Heeralal and the allegation of inflicting injury to Sitaram is on applicant Manoj Rai. The applicant has not inflicted any injury to deceased Damodar. The cause of Signature Not Verified SAN death on Damodar is shown to be stab wound injuries which is caused by other Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.03.23 11:23:27 IST co-accused Sumit Rai who is in custody as it is case of free fight and cross case

has been registered in the matter, therefore, the individual act is required to be seen in terms of the judgment passed by the Hon'ble Supreme Court in the case of (2015) 4 SCC 363. He is ready to abide by all the terms and conditions that has been imposed by this Court while considering his bail application. He is a first

offender. There is no further requirement of custodial interrogation of the applicant. In view of the aforesaid, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the application pointing out the active participation of the applicant and inflicting injuries. He has read over the statement of Kanhiyalal and Sitaram who are injured in the matter. He has specifically stating regarding inflicting of injuries by the present applicant but there is no allegation made by them to inflicting injury to deceased Damodar. He fairly submits that there are five injuries to the deceased out of them four are simple in nature of abrasion and there was a single stab wound which was attributed to the co-accused Sumit Rai. Applicant is having no criminal past as per case diary record.

Considering the over all facts and circumstances of the case and looking to the period of custody of applicant, subject to verification of the fact that applicant is a first offender, without commenting upon the merits of the case, this application is allowed. He be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by his;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may

Signature Not Verified be;

SAN

Digitally signed by MOHD IRFAN 4 . The applicant shall not involve any other offence, in case the applicant SIDDIQUI Date: 2022.03.23 11:23:27 IST

indulge in any other criminal case the benefit of bail as extended by this Court shall

automatically cancelled.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the Court;

8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the

Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.03.23 11:23:27 IST