Bhure @ Kashiram Nagpure vs The State Of Madhya Pradesh
2023 Latest Caselaw 7659 MP

                                                            1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                 ON THE 10 th OF MAY, 2023
                                         MISC. CRIMINAL CASE No. 18789 of 2023

                          BETWEEN:-
                          1.    BHURE @ KASHIRAM NAGPURE S/O SHRI
                                RUMAN NAGPURE, AGED ABOUT 29 YEARS,
                                OCCUPATION: FARMER, R/O WARD NO.13,
                                KOSHMI, P.S.- RURAL NAVEGAON, TEHSIL
                                BALAGHAT, DISTRICT BALAGHAT (M.P.)

                          2.    YOGESH LEKHRAM NAGPURE, S/O SHRI SANTLAL
                                NAGPURE, AGED ABOUT 38 YEARS, OCCUPATION:
                                ENGINEER, R/O WARD NO.13 KOSHMI, P.S.
                                RURAL NAVEGAON, TEHSIL & DISTRICT
                                BALAGHAT (M.P.)

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

                          AND
                          THE STATE OF MADHYA PRADESH, THROUGH P.S.
                          RURAL NAVEGAON, DISTRICT BALAGHAT (M.P.)

                                                                                       .....RESPONDENTS
                          (BY MS. SONALI BISWAS - PANEL LAWYER)

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

This is first bail application filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.45/2023 dated 08.03.2023 registered at Police Station Nawegaon, District Balaghat for the offence under Sections 294, 324, 506, 307 of IPC.

Learned counsel for applicants submits that the applicants are innocent Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 5/10/2023 7:20:32 PM

and have been falsely implicated in the case; no case is made out against the applicants under aforesaid sections. The present case is nothing but a counter blast to the FIR lodged against the complainant. The complainant is a hardcore criminal and many criminal cases are pending against him. Injured Shubham has been discharged from the hospital and charge-sheet has been filed, on the basis of which involvement of applicants is not established in the alleged assault. The applicants are the sole breadwinners of their family. T he applicants are in custody since 12.03.2023 and 16.03.2023 respectively and trial will take considerable time to conclude. The applicant no.1 has no criminal antecedents and applicant no.2 has been acquitted in some of the previous cases. The

applicants are permanent residents of the district and there is no possibility of their absconding or tampering with prosecution evidence. They are ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. On these grounds, it is prayed that the applicants may be enlarged on bail.

Learned Panel Lawyer for the respondent/State has opposed the bail application.

Heard learned counsel for the parties.

The prosecution story, in short, is that on 08.03.2023 applicants alongwith co-accused Kamlesh arrived on the spot in a Swift car, applicants were having baseball bat and their companion Kamlesh inflicted a stab wound with a knife on the complainant. These facts reflect that applicants did not participate in the assault and they merely arrived on the scene of occurrence carrying baseball bats. Although the nature of injuries caused to the complainant were grievous and life threatening, he has been discharged from the hospital on 19.03.2023.

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 5/10/2023 7:20:32 PM

Learned counsel for applicants has relied upon the judgment of Hon'ble Supreme Court in the case of Jasdeep Singh @ Jassu vs. State of Punjab reported in (2022)2 Supreme Court Cases 545, wherein principles have been laid down on how common intention should be inferred and determined. He has also emphasized that there are many infirmities in the investigation, which cause serious doubts on the prosecution case.

Considering overall facts and circumstances of the case and looking to the act of applicants in commission of crime, but without commenting on the merit of the case, I find it to be a fit case to release the applicants on bail. Accordingly, the application is allowed.

I t is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of the concerned trial Court for their appearance on the dates so fixed by that Court during trial.

The applicants shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 5/10/2023 7:20:32 PM