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2020 DIGILAW 100 (MP)

Dainy Sharma & Others v. State Of Madhya Pradesh

2020-01-17

RAJEEV KUMAR DUBEY

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JUDGMENT 1. Heard with the aid of case diary. 2. This is first bail application filed by the applicants under Section 439 of Cr.P.C. Applicants Dainy Sharma & Naresh Sahu were arrested on 3/11/2019 in Crime No.141/2019 registered at Police Station Umaraoganj, District Raisen (M.P.) for the offence punishable under Sections 307, 323, 294, 506, 427, 147, 148, 149 of the IPC. 3. A s per prosecution case, on 03.11.2019 complainant Kanhaiyalal Sharma lodged a report at police station Umraoganj Distt. Raisen averring that the way to his farm passes near Tirath Sharma's Dhaba. The dirty water of Theerath Sharma's Dhaba flood out on the road which stops the way. At about 10:30 pm when he was going to his farm by a tractor he asked Teerath Sharma to stop the discharge of his Dhaba. On that Teerath Singh abused him. Later when he came back to his shop, applicants Dainy Sharma, Naresh, co-accused Teerath Singh, Narayan and other co-accused persons came to his shop and abused him. On that complainant and his younger brother, Brijmohan went to the police station to lodge the report. At that time, complainant was informed that applicants and other co-accused persons had again come to make a quarrel. On that complainant went on the spot where he saw Teerath Singh, Narayan Sharma, Gopal Sharma, Sanju Sharma, Govind @ Dany Sharma, Rahul Sharma, Rohit Sharma, Yashpal Sharma, Raju Sharma, Ravi Sharma, Kishor Sharma, Naresh Sahu, Kapil Sharma, Panchhi @ Leeladhar, Raj Sharma and other persons armed with stick, hockey and bat there. Chattu Sharma also came there by car and they assaulted complainant's younger brother Rameshwar Sharma and Chunnilal Sharma. Applicant Dany started assaulting them by Katarna (a sharp edged weapon) and applicant Naresh by axe while other co-accused persons assaulted Rameshwar and Chunnilal with hockey and bat, due to which Rameshwar and Chunnilal sustained injuries on their heads and fell down. When Abhishek, Anurag, Pawan and complainant came to rescue them, they assaulted them too. In the incident Rameshwar, Chunnilal, Abhishek, Anurag and Pawan also sustained injuries. They also caused damage to Kanhaiya Lal'??s shop. On that police registered Crime No. 141/2019 for the offence punishable under Sections 307, 323, 294, 506, 147, 148, 149, 427 of IPC. 4. Learned counsel for the applicants submits that the applicants have not committed any offence and have falsely been implicated in the offence. They also caused damage to Kanhaiya Lal'??s shop. On that police registered Crime No. 141/2019 for the offence punishable under Sections 307, 323, 294, 506, 147, 148, 149, 427 of IPC. 4. Learned counsel for the applicants submits that the applicants have not committed any offence and have falsely been implicated in the offence. It is further submitted that complainant implicated 16 persons in the incident. It is alleged that applicant Dainy Sharma assaulted Rameshwar Sharma by Katarna (a sharp edged weapon) and Naresh also assaulted him by axe while in the MLC report of Rameshwar Sharma it is not mentioned that he sustained any injury caused by sharp object. The other co-accused persons namely Sanjay Sharma, Yashpal Sharma, Rohit & Rahul have already been released on bail by this Court vide orders dated 17/12/2019 passed in M.Cr.C.Nos.49465/2019, 50311/2019 & 51635/2019. The applicants are in custody since 3/11/2019 and the conclusion of trial will take time, hence prayed for release of the applicants on bail. 5. On the other hand, learned counsel for the respondent/State opposed t h e prayer and submitted that the applicants assaulted Rameshwar & Chunnilal, due to which they sustained injuries in the incident, so applicants should not be released on bail. 6. Looking to the facts and circumstances of the case and the contention of learned lawyer for the applicant and the fact that the applicants are in custody since 03/11/2019 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and the applicants are directed to be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with separate surety in the like amount to the satisfaction of the concerned Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. 7. This order will remain operative subject to compliance of the following conditions by the applicants : 1. The applicants will comply with all the terms and conditions of the bond executed by them; 2. The applicants will cooperate in the trial; 3. 7. This order will remain operative subject to compliance of the following conditions by the applicants : 1. The applicants will comply with all the terms and conditions of the bond executed by them; 2. The applicants will cooperate in the trial; 3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer; 4. The applicants shall not commit an offence similar to the offence of which they are accused; 5. The applicants will not seek unnecessary adjournments during the trial; and 6. The applicants will not leave India without previous permission of the trial Court. Certified copy as per rules.