Madhya Pradesh High Court
Raghuraj Singh Raghuvanshi vs The State Of Madhya Pradesh on 23 May, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 23rd OF MAY, 2022
MISC. CRIMINAL CASE No. 21089 of 2022
Between:-
RAGHURAJ SINGH RAGHUVANSHI S/O SHRI
AMAR SINGH RAGHUVANSHI, AGE 56 YEARS,
OCCUPATION : KRISHI, R/O MAHAL MOHALLA,
SHADHORA, DISTRICT ASHOKNAGAR
(MADHYA PRADESH)
....APPLICANT
(BY SHRI D.S. CHAUHAN - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION SHADHORA, DISTRICT
ASHOKNAGAR (MADHYA PRADESH)
.....RESPONDENT
(SHRI A.K. NIRANKARI - ADVOCATE FOR STATE AND SHRI
ASHOK KUMAR DOHARE, ADVOCATE FOR COMPLAINANT)
This application coming on for hearing this day, the court passed the
following:
ORDER
Case diary is available.
This first under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 06.04.2022 in connection with Crime
No.71/2022 registered at Police Station Shadhora District Ashoknagar for
offence under Sections 353, 332, 186, 294, 427, 506/34, later added 333 of
IPC.
It is submitted by the counsel for the applicant that according to the
prosecution case, the applicant and his son went to the office of the
complainant who is CMO of Municipal Council and they had beaten the
complainant and also torn some official files. Even the mobile of the
complainant went missing, which was ultimately recovered from the possession
of the applicant. It is submitted that the applicant has been falsely implicated.
Even according to the prosecution, only two pages containing lists received
from CM Help Line for physical verification of beneficiaries of Pradhan
Mantri Awas Yojna were found torn in 8 pieces. Thus, the allegation made by
the complainant that three official files were torn, is false. However, the
complainant has manipulated the medical record and had succeeded in
obtaining the false X-ray report to the effect that linear simple fracture was
found on middle phalanx of left ring finger of left hand, whereas the Medical
Board, which was constituted under the orders of this Court, has found that the
complainant had not sustained any fracture and even there is no symptom of
any old fracture. The applicant is in jail for the last more than one month. The
Trial is likely to take sufficiently long time and there is no possibility of his
absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the
State as well as counsel for the complainant. It is submitted that the applicant
and his son are still threatening the complainant and on 19.01.2022 his car was
also damaged by one Mithun, who came along with the co-accused
Dharmendra.
Considering the totality of the facts and circumstances of the case,
coupled with the report submitted by the Medical Board, this Court is of the
considered opinion that it is a fit case for grant of bail. Accordingly, 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/- (Rupees One Lac) 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 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 and others Vs. State of M.P. Passed on 18.03.2021 in
Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent
to the complainant.
Certified copy as per rules.
(G.S. AHLUWALIA)
V. JUDGE
Abhi
ABHISHEK
CHATURVEDI
2022.05.24
18:28:47 +05'30'
