Bhonisingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19732 MP

Madhya Pradesh High Court

Bhonisingh vs The State Of Madhya Pradesh on 24 November, 2023

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                            ON THE 24 th OF NOVEMBER, 2023
                                        MISC. CRIMINAL CASE No. 51760 of 2023

                         BETWEEN:-
                         BHONISINGH S/O RAJARAM GURJAR, AGED ABOUT 46
                         YEAR S , OCCUPATION: AGRICULTURE R/O VILLAGE
                         NANA BA KA KHEDA P.S. MAKDON DISTT. UJJAIN
                         (MADHYA PRADESH)

                                                                                          .....APPLICANT
                         (SHRI VIVEK SINGH, LEARNED COUNSEL FOR THE APPLICANT)

                         AND
                         THE STATE OF MADHYA PRADESH STATION HOUSE
                         OFFICER THROUGH POLICE STATION MAKDONE DIST.
                         UJJAIN (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                         ( HARSHLATA SONI, PANEL LAWYER APPEARING ON BEHALF OF
                         ADVOCATE GENERAL.
                         SHRI SIDDHARTH SINGH, LEARNED COUNSEL FOR THE RESPONDENT
                         [OBJ].

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

                         following:
                                                             ORDER

They are heard and perused the case diary/challan. This is third application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.441/2021 dated (not mentioned) registered at Police Station - Makdon, District-Ujjain (M.P.) for commission of offence punishable under Sections 302, 147, 148, 149, 34 of the IPC and under Section 25 of the Arms Act. The applicant is in custody since 11.1.2022.Applicant's earlier bail applications have been dismissed.

The allegations against the applicant is that he was also involved in the aforesaid offence wherein one Ramchand was murdered, as he was assaulted by the applicant and the other co-accused persons with various weapons, including Sword, Axe, Gupti and also a Gun.

Counsel for the applicant has submitted that as per prosecution case, the applicant was wielding a Gupti at the time when the incident took place and has caused injuries on the leg of the deceased; whereas in the postmortem report, no such injuries appears to have been caused to the deceased, which can be caused by a Gupti which fact has also been admitted by P.w.3 Dr Anurag Parihar, who has admitted that there is no stab wound.

Counsel appearing for the objector has opposed the prayer as also the Panel Lawyer for the State, it is submitted that the Gupti which has been seized from the present applicant has been found stained with blood, as per FSL report.

In rebuttal, counsel for the applicant has submitted that the blood was disintegrated.

On due consideration of the rival submissions and on perusal of the case diary, this Court is not inclined to allow the bail application. So far as the evidentiary value of the FSL report is concerned, it has to be attested by the trial court at the time of passing the judgment.

In view of the same, the M.Cr.C. being devoid of merit is hereby dismissed.

(SUBODH ABHYANKAR) JUDGE moni