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2022 DIGILAW 557 (MP)

Digvijay Singh Chouhan v. State of Madhya Pradesh

2022-04-05

RAJEEV KUMAR DUBEY

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JUDGMENT Rajeev Kumar Dubey, J. - Status report has been received. Heard with the aid of case diary. This is first application under Section 439 of Cr.P.C. for grant of bail. applicant Digvijay Singh Chouhan was arrested on 16/9/2020 in connection with Crime No.143/2020 registered at Police Station Gorihar, Distt. Chhatarpur for the offence punishable under Sections 302 read with Section 34 of the IPC and Sections 25/27 of the arms act. as per the prosecution case, on 11/9/2020 at around 8 p.m., complainant Vinod Singh, his wife anita Singh, his brother Rakesh Singh, daughter-in-law Meenu Singh and Devdatt Singh were standing outside of his house located at village Thakurra. applicant Digvijay Singh also present there, he assaulted Devdatt. at that point of time, co-accused Satyendra Singh also came there armed with gun and fired at Rakesh with intent to kill him, due to which Rakesh sustained gunshot injury in his chest and fell down, thereafter, the applicant also assaulted him with lathi due to which he sustained injury in his left wrist. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. The applicant has has no criminal past. Only allegation against the applicant is that the applicant assaulted the deceased with stick, due to which deceased sustained injury in his left wrist but according to the postmortem report that injury was simple in nature. Deceased died due to gunshot injury. There is no evidence on record to show that the applicant had any common intention with co-accused Satyendra, who fired at Rakesh Singh. The applicant has been in custody since 16/9/2020 while trial is still pending and learned trial Court did not record statement of any witness as yet which shows that the conclusion of trial will take time, hence prayed for release of the applicant on bail. Learned counsel for the State as well as objector opposed the prayer and submitted that the applicant was involved in the crime and in the incident the applicant also assaulted Rakesh Singh and Devdatt Singh, so he should not be released on bail. Learned counsel for the State as well as objector opposed the prayer and submitted that the applicant was involved in the crime and in the incident the applicant also assaulted Rakesh Singh and Devdatt Singh, so he should not be released on bail. Looking to the facts and circumstances of the case and the fact that only allegation against the applicant is that he assaulted the deceased with stick due to which he sustained simple injury and deceased died due to gunshot injury and that injury was caused by co-accused Satyendra Singh, applicant has no criminal past, he is in custody since 16/9/2020 and according to status report conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. This order will remain operative subject to compliance of the following conditions by the applicant :- 1.The applicant will comply with all the terms and conditions of the bond executed by him; 2.The applicant will cooperate in the trial; 3.The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4.The applicant shall not commit an offence similar to the offence of which he is accused; 5.The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without prior permission of the trial Court. C.C. on payment of usual charges.