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2023 DIGILAW 311 (MP)

Awdhesh Sharma v. State of Madhya Pradesh

2023-02-27

DEEPAK KUMAR AGARWAL

body2023
JUDGMENT Deepak Kumar Agarwal, J. - Learned counsel for the rival parties are heard. 2. This is the second application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed by the coordinate Bench by order dated 28.11.2022 passed in M.Cr.C. No.51956/2022. 3. The applicant was arrested on 31.07.2020 by Police Station- Dehat Bhind District- Bhind (M.P.) in connection with Crime No.667/2019 for the offence punishable under Sections 302, 327, 147, 148, 149, 323, 506, 195A, 294 of IPC further added 329, 307, 302 of IPC. 4. Prosecution story, in short, is that on 09.11.2019 at 11 am complainant Shri Bhagwan lodged a Dehati Nalishi with Police Sub-Inspector Pankaj Mudgal of Police Station Dehat District Bhind levelling allegations against accused Sunder Singh Sharma, Shivdautt Sharma, Dabbu alias Rahul Sharma, Chhinga alias Neeraj Sharma, Parua alias Awdesh Sharma that he is residing at Ater Road Bhind. He is having previous enmity with applicant-Awdesh Sharma for which a case is pending before Court. Awdesh and his family members used to pressurize him to enter into a compromise with them. In the morning at 10 am, he alongwith his wife was going to bring vegetables. When they reached infront of house of one Kallu Samadhiya, present applicant- Awdesh Sharma having Lathi in his hand, Shivdutt Sharma and Sunder Singh Sharma having iron rod in their hands, Rahul alias Dabbu having Lathi in his hand, Chhinga Sharma having Lathi in his hand with the common intention started abusing him with filthy languages. When he objected, present applicant Awdesh Sharma told him to settle the matter pending in court by compromise. When complainant denied to compromise, accused Sunder Sharma demanded Rs.10,000/- to pass through the locality. When complainant denied, all the accused with common intention started assaulting the complainant with Lathi and iron rod due to which he sustained injuries on several parts of the body. On listening his hue and cry, his wife Ritu, Poonam Sharma and Kallu Samadhiya came and saved him. On his report, Dehati Nalishi was recorded against present applicant and four others. On the basis of Dehati Nalishi, FIR was registered bearing crime No. 667/19 for the offence punishable under Section 327, 294, 323, 506, 147, 148, 149, 195A of IPC against the accused persons. During treatment on 16.11.2019 complainant Shri Bhagwan succumbed to injuries. Offence punishable under Section 302 of IPC was enhanced. On the basis of Dehati Nalishi, FIR was registered bearing crime No. 667/19 for the offence punishable under Section 327, 294, 323, 506, 147, 148, 149, 195A of IPC against the accused persons. During treatment on 16.11.2019 complainant Shri Bhagwan succumbed to injuries. Offence punishable under Section 302 of IPC was enhanced. Dead body panchnama was prepared. Dead body was sent for postmortem. As per postmortem report, deceased died due t o multiple injuries. Death of the deceased was homicidal. Statements were recorded. Applicant and other co-accused were arrested. 5. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. It is further submitted that applicant and other co-accused had no intention to kill the complainant which is very much clear from the MLC report in which two abrasions, seven contusions and one lacerated wound were found on the body of deceased. Injuries were found on legs, hands and thigh of the deceased and not on the vital part of the body. Besides this, deceased died after nine days during treatment. Doctor had advised the complainant for operation but the complainant denied to undergo the operation. After investigation, charge sheet has been submitted. The applicant is in custody since 31.07.2020 and he is the permanent resident of District- Bhind (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Co-accused Rahul Sharma @ Dabbu has been extended benefit of bail by this Court by order dated 20.02.2023 passed in M.Cr.C. No.5446/2023. With the aforesaid submissions, prayer for grant of bail is made. 6. Per contra, learned Public Prosecutor for the State vehemently opposed the application and prayed for dismissal of the application. 7. Looking to the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash security of Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail. 8. He will present during trial before the trial Court on each and every date. 8. He will present during trial before the trial Court on each and every date. 9. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice. 10. Application stands allowed and disposed of. 11. Copy of this order be sent to the trial Court concerned for compliance. 12. Certified copy as per rules.