Rajendra Prasad Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 22385 MP

Madhya Pradesh High Court

Rajendra Prasad Kol vs The State Of Madhya Pradesh on 26 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                           1
                                  IN        THE    HIGH COURT OF MADHYA
                                                       PRADESH
                                                     AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 26 th OF DECEMBER, 2023
                                        MISC. CRIMINAL CASE No. 56921 of 2023

                           BETWEEN:-
                           1.     RAJENDRA PRASAD KOL S/O SHRI ASHOK
                                  KOL, AGED ABOUT 23 YEARS, OCCUPATION:
                                  LABOUR R/O VILLAGE KHAIRHA POLICE
                                  STATION KHAIRHA DISTRICT SHAHDOL
                                  (MADHYA PRADESH)

                           2.     AMRESH KOL S/O SHRI MEJAJI KOL, AGED
                                  ABOUT 27 YEARS, OCCUPATION: LABOUR
                                  R/O VILLAGE KHAIRHA POLICE STATION
                                  KHAIRHA DISTRICT SHAHDOL (MADHYA
                                  PRADESH)

                                                                                    .....APPLICANT
                           (BY SHRI ATUL UPADHAYAY - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION KHAIRHA DISTRICT SHAHDOL
                           (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                           (BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER)

                                  T h is application coming on for admission this day, t h e court
                           passed the following:
                                                           ORDER

Case diary is available.

2. This first application under Section 439 Cr.P.C. has been filed for grant of bail.

3. The applicants have been arrested on 05.12.2023 in connection with Crime No.313/2023 registered at Police Station Khairha, District Shahdol for offence under Section 304/34 of IPC and Section 135 of Electricity Act.

4. It is submitted by the learned counsel for the applicants that according to the prosecution's case, on 28.09.2023 the deceased Ganesh Kol along with Shankar Kol, Amresh Kol, Rajesh Kol, Guddu Kol and Ram Rahees Kol went for fishing. While they were putting an electric wire, the deceased got electrocuted and as a result, he succumbed to his injuries. It is submitted by the counsel for the applicant that there is nothing on record which may indicate that the deceased died on account

of any rash and negligent act by the applicants. The applicants are in jail from 05.12.2023. The trial is likely to take sufficiently long time. The applicants have no criminal antecedents.

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted by the counsel for the State that all the persons were trying to put an electric wire in the river and during that period the deceased got electrocuted. It is fairly conceded that applicants have no criminal history.

6. Considering the period of detention as well as criminal history of the applicants, this Court is of the considered opinion that the applicants can be granted bail.

7. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants shall be released

on bail on furnishing personal bond of Rs.1,00,000/- (Rupees One Lacs) each 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.

8. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

9. 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.

CC as per rules

(G.S. AHLUWALIA) V. JUDGE DevS