Amit Thanwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 2404 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VISHAL MISHRA
                                            ON THE 10 th OF FEBRUARY, 2023
                                         MISC. CRIMINAL CASE No. 3628 of 2023

                          BETWEEN:-
                          AMIT THANWAR S/O ASHOK THANWAR, AGED ABOUT
                          42 YEARS, OCCUPATION: LABOUR R/O HOUSE NO. 15,
                          NEHRU COLONY, THANA KAMLA NAGAR, BHOPAL
                          DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                        .....APPLICANT
                          (BY SHRI SOURABH BHUSHAN SHRIVASTAVA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION KAMLA NAGAR, BHOPAL DISTRICT BHOPAL
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI ANIL UPADHYAY - PANEL LAWYER)

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

This is the fourth bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn vide order dated 05.05.2021 passed in M.Cr.C.No.13876 of 2021, second bail application was dismissed vide order dated 18.08.2021 passed in M.Cr.C.No.32891 of 2021 and third bail application was dismissed as withdrawn vide order dated 11.04.2022 passed in M.Cr.C.No.16346 of 2022.

The applicant has been arrested on 18.11.2020 by Police Station Kamla Nagar Bhopal, District Bhopal in connection with Crime No.1061/2020 for the Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 2/16/2023 1:29:38 PM

offence punishable under Sections 294, 323, 307, 147, 148, 149, 302, 120-B, 34 of Indian Penal Code.

As per the prosecution case, on the intervening night of 14-15.11.2021 at about 12.20 P.M., applicant along with other co-accused formed unlawful assembly with a common intention to commit murder to one deceased Neeraj and inflicted grievous injuries to Ranu @ Amit Utvar and Akash Utvar. Thereafter, applicant along with co-accused inflicted injuries with sword and knife to deceased Neeraj, Ranu @ Amit Utvar and Akash Utvar and deceased Neeraj sustained grievous injuries as a result of which the deceased Neeraj died. On these grounds, the aforesaid offences were registered against the present

applicant.

This repeat application has been filed on the ground that the statements of three injured witnesses have been recorded before the trial Court and they have not supported the case of the prosecution. It is pointed out that the applicant has falsely been implicated in the case. He has not committed any offence in any manner. It is submitted that there is no specific allegation against the present applicant regarding commission of offence. The applicant has no previous criminal antecedent. Charge sheet has been filed in the matter. There is no requirement of further custodial interrogation of the applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail. In view of the aforesaid, a prayer has been made to enlarge the applicant on bail.

P e r contra, learned counsel appearing for the State has vehemently opposed the contentions and has argued that there is active participation of the present applicant in the commission of offence. Dying declaration has been recorded wherein the name of the applicant is clearly reflected, therefore, the Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 2/16/2023 1:29:38 PM

presence of the applicant along with weapon could not be disputed. It is submitted that earlier application was rejected on merits by the Coordinate Bench of this Court vide order dated 18.08.2021 passed in M.Cr.C.No.32891 of 2021. The material contradictions and omissions in the statements which have been recorded cannot be considered at the bail stage in view of the judgment passed by the Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of Chhattisgarh and others reported in 2007 Vol 11 SCC 195 . Under these circumstances, he prays for rejection of the same.

Considering the overall facts and circumstances of the case and the fact that there is active participation of the applicant in the commission of offence and in the dying declaration the name of the applicant is clearly reflected, this Court does not deem it appropriate to allow this application.

The application is hereby rejected.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 2/16/2023 1:29:38 PM