Rajkumari Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 3908 MP

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

                 MISC. CRIMINAL CASE No. 59444 of 2021

         Between:-
1.       RAJKUMARI YADAV W/O UMASHANKAR YADAV ,
         AGED   ABOUT      65   YEARS, OCCUPATION:
         HOUSEWIFE R/O VILLAGE VINAYAKPUR P.S. AND
         TEHSIL BEGUMGANJ DISTT. RAISEN M.P.
         (MADHYA PRADESH)

2.       UMASHANKAR YADAV S/O SHRI BRIJLAL YADAV ,
         AGED    ABOUT    70   YEARS, OCCUPATION:
         CULTIVATION VILLAGE VINAYAKPUR P.S TEH.
         BEGUMGANJ (MADHYA PRADESH)

                                                                  .....PETITIONERS
         (BY SHRI MANISH DATT, LEARNED SENIOR ADVOCATE WITH SHRI
         SIDDHARTH BENDEL, ADVOCATE )

         AND

         THE STATE OF MADHYA PRADESH THR. P.S.
         BEGUMGANJ DISTT. RAISEN (MADHYA PRADESH)

                                                                 .....RESPONDENTS
         (BY SHRI RAMJI PANDEY, LEARNED DEPUTY GOVERNMENT
         ADVOCATE
         SHRI SANKALP KOCHAR, ADVOCATE FOR THE
         COMPLAINANT/OBJECTOR)

      This bail application is coming on for hearing this day, the court passed
the following:
                                       ORDER

This first application is filed on behalf of the applicants under Section 439 of Cr.P.C. in connection with Crime No.85/2021, registered at Police Station Begumganj, District Raisen (M.P.) for the offence punishable under Sections 341, 294, 323, 307 and 302/34 of the IPC.

Heard on IA No. 22665/2021, an application filed under Section 301(2) of Cr.P.C. for assisting the public prosecutor.

On due consideration, IA No. 22665/2021 is allowed and learned counsel for the objector is permitted to assist the public prosecutor.

Also heard on IA Nos. 2390/2022, 2956/2022 & 4475/2022, which are applications for taking additional documents on record.

On due consideration, IA Nos. 2390/2022, 2956/2022 & 4475/2022 are

allowed and the aforesaid documents are taken on record.

As per the prosecution case, it is alleged that on 10/03/2020 between 18:30 hrs. to 19:00 hrs., applicants alongwith other co-accused persons obstruct the way of deceased Lalsahab and hurled filthy languages upon him and thereafter, they

assaulted him and when complainant Jitendra and his brother Manoj came there to saved him, then applicants alongwith other co-accused persons also assaulted them. Later on, deceased Lalsahab succumbed to the injuries.

Learned Senior counsel for the applicant submits that the applicants are husband and wife and they are old aged persons aged about 65 years and 70 years respectively. There is no evidence available on record to show that the applicants caused any injury to the deceased. Merely on assumption and presumption, the applicants have falsely been implicated in the alleged offence. It is also submitted that no incriminating article alleged to have been recovered from the exclusive possession of the present applicants. It is further submitted that it is a case of free fight and a counter has has been registered against the complainant party at the instance of applicants. No specific role attributed to the applicant No.1. Although, it is alleged that the applicants are having criminal antecedents, however, they have been acquitted in all the offences and he has filed the certified copy of acquittal orders of the applicants in this regard. Necessary ingredients to constitute an offence under Section 302 of the IPC are completely missing in the present case. There is no intention of premeditation on the part of the applicants. The applicants are in custody since 13/11/2021 and conclusion of trial will take considerable time. In support of his contentions, learned Senior Counsel for the applicants has placed reliance on the judgments of Hon'ble apex Court reported in 2012(2) SCC 382 and 2020(11) SCC 648. Under these circumstances, learned Senior Counsel for the applicants prayed for grant of bail to the applicants.

O n the other hand, learned Panel Lawyer for the respondent as well as learned counsel for the complainant/objector opposed the application by contending that on the anvil of the detailed investigation that is to follow, the prima facie involvement of applicants will be found and the same is inevitable. Applicant No.1 i.e. Rajkumari Yadav is the mastermind behind the entire crime as there has

prevailed a family feud between the brothers since forever and the instant applicants have been instigating their children to commit such a heinous crime in order to bag a win over the forever prevailing feud. It is also contended that there are four eye witnesses of the alleged incident and all of them have supported the prosecution case and Mukesh Adiwasi (PW 1) has already been examined before the trial Court and specifically deposed against the applicants. The applicants are habitual offenders and there are many criminal cases have been registered against them. Hence, the applicants are not entitled for grant of bail.

Heard learned counsel for the parties and perused the case diary minutely. It

is found that up till now only one witness has been examined before the trial Court. There is specific and serious allegations against the applicants for causing deadly injuries to the deceased and other injured persons. There is sufficient evidence available on record to connect the applicants with the alleged offence. Moreover, they have actively participated in the alleged offence. The applicant No.2 is habitual offender and he is having long criminal history.

Looking to the peculiar facts and circumstances of the case and active participation of the applicants in the alleged offence, this Court is of the view that no case for grant of bail to the applicants is made out. Accordingly, present application is hereby dismissed.

(ARUN KUMAR SHARMA) JUDGE skt

Signature Not Verified SAN

Digitally signed by JITENDRA KUMAR PAROUHA Date: 2022.03.22 18:01:44 IST