Vivekanand vs The State Of Madhya Pradesh
2023 Latest Caselaw 5544 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                ON THE 5 th OF APRIL, 2023
                                        MISC. CRIMINAL CASE No. 10241 of 2023

                          BETWEEN:-
                          VIVEKANAND S/O SHRI RAMLALLU VAISHYA, AGED
                          ABOUT 42 YEARS, OCCUPATION : PRIVATE WORK, R/O
                          VILLAHE MEDHOLI KHANHANA JHINGURDAH P.S.
                          MORWA DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI SANKALP KOCHAR - ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                          MORWA DISTRICT SINGRAULI (M.P).

                                                                                     .....RESPONDENTS
                          (BY SHRI MANOJ JHA - PENAL LAWYER FOR RESPONDENT/STATE SHRI
                          YADVENDRA DWIVEDI - ADVOCATE FOR THE OBJECTOR)

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

This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of bail relating to FIR No.559/2022 dated 20.07.2022 registered at P.S. Morwa, District Singroli (M.P.) for the offences punishable under Sections 294, 353, 332, 336, 427 and 34 of I.P.C. The applicant is in custody since 22.02.2023.

As per the prosecution, on 20.07.2022, the complainant alongwith one Suresh Kumar Mishra lodged a report at Police Station Waidhan, stating wherein that while they were on duty as Forest Guards at Khanhana Barrier, a Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 4/10/2023 5:12:24 PM

vehicle loaded with coal was stopped at the check post and when he went to check the vehicle, the present applicant alongwith 5-6 persons came over and assaulted him. It is alleged that the present applicant fired with a gun, however no one was injured by the gun shot. It is stated that in the incident, the complainant sustained injuries on various parts of his body, on the basis of which, the FIR was registered.

As per the Panel Lawyer, the applicant was absconding since the date of incident and was arrested only on 22.02.2023. It is stated that while absconding, he committed another offences also and he has six criminal cases registered against him.

As per the counsel for the objector, the applicant is an influential person and giving threats to the complainant to take back his case.

Learned counsel for the applicant submits that the allegation against the present applicant is that he fired in the air, however, there is no corresponding injuries in the MLC report. It is stated that in the present case there are two MLCs on record. On the date of incident, the MLC recorded, simple injuries in nature, however after two months, fracture is shown in the metacarpal region showing it to be grievous in nature. It is further pointed out that as per the MLC report, the injuries are caused by hard and blunt object, whereas the overt act attributed to applicant is that he fired in the air. It is stated that all the other accused persons have already been enlarged on bail. The police has not asked his police custody till date and the charge sheet has also been filed. As regards the criminal antecedents, it is pointed out that in two of the cases, the applicant has already been acquitted. The judgment of acquitted is annexed to this application.

Considering the nature of the overt act attributed to the applicant, the Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 4/10/2023 5:12:24 PM

period of custody and the fact that the charge sheet has already been filed, this application is allowed.

It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on all the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

In addition, the applicant shall cooperate in the trial and will not try to harass or influence the witnesses. It is further made clear that in case if the applicant is found involved in any other offence during the pendency of the trial, then this bail order will stand cancelled automatically and the concerned authority will be at liberty to take him into custody.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE gn

Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 4/10/2023 5:12:24 PM