Madhya Pradesh High CourtRaja Babu @ Rajesh vs The State Of Madhya Pradesh on 3 August, 2022Author:Rajeev Kumar DubeyBench:Rajeev Kumar Dubey1\n                                                    IN THE HIGH COURT OF MADHYA PRADESH\n                                                                 AT JABALPUR\n                                                                      BEFORE\n                                                     HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY\n                                                                ON THE 3rd OF AUGUST, 2022\n\n                                                     MISC. CRIMINAL CASE No. 37683 of 2022\n\n                                               Between:-\n                                       1.      RAJA BABU @ RAJESH S/O BALMUKUND\n                                               KARIYA, AGED ABOUT 42 YEARS, OCCUPATION:\n                                               AGRICULTURIST R/O PAHANBARRI TEHSIL\n                                               ITARSI, DISTRICT NARMADAPURAM (MADHYA\n                                               PRADESH)\n\n                                       2.      BENI PRASAD S/O RAMKARAN, AGED ABOUT 54\n                                               YE A R S , OCCUPATION: AGRICULTURIST R/O\n                                               PAHANBARRI       TEHSIL ITARSI  DISTRICT\n                                               NARMADAPURAM (MADHYA PRADESH)\n\n                                                                                                      .....APPLICANTS\n                                               (BY SHRI SOURABH BHUSHAN SHRIVASTAVA, ADVOCATE)\n\n                                               AND\n\n                                               THE STATE OF MADHYA PRADESH THROUGH\n                                               POLICE STATION RAMPUR GURRA, DISTRICT\n                                               NARMADAPURAM (MADHYA PRADESH)\n\n                                                                                             .....RESPONDENT/STATE\n                                               (BY SHRI SUNIL GUPTA, PANEL LAWYER)\n\n                                             This application coming on for admission this day, the court passed the\n\n                                       following:\n                                                                          ORDERHeard with the aid of case diary.This is first bail application filed by the applicants underSection 439of\n                                       Cr.P.C. Applicants Raja Babu @ Rajesh and Beni Prasad were arrested on\n                                       16/6/2022 in connection with Crime No.45/2022 registered at Police StationSignature Not VerifiedSANRampur Gurra, Distt. Narmadapuram (M.P.) for the offence punishable underDigitally signed by MONIKA CHOURASIADate: 2022.08.03 16:44:36 ISTSections 294,323,506,34,325,326and307of the IPC.2A s per prosecution case, on 4/5/2022 at around 8.00 a.m. Manoj and\n                                       Jagesh were standing near Hanuman temple located at village Pahanbarri, Itarasi,\n                                       co-accused Nitesh @ Neetu Pal came there and assaulted Manoj and Jagesh\n                                       with axe, due to which Manoj sustained injury in his left hand and Jagesh\n                                       sustained injury on his left hand and head. At that point of time, applicant no.1\n                                       Rajababu and applicant no.2 Beni Prasad also came there, they also abused\n                                       Manoj and Jagesh and applicant no.1 Rajababu assaulted Manoj with axe, due\n                                       to which he sustained injury in his left elbow. Applicant no.2 Beni Prasad also\n                                       assaulted Jagesh with iron rod, due to which he sustained injury in his head. At\n                                       that point of time, on hearing shouting, father of Jagesh, Mohan Puri and\n\n                                       brother Kamlesh Puri came there to rescue Jagesh and Manoj. At that point of\n                                       time, co-accused Jamna Prasad, Balmukund @ Kariya and Gaya Prasad also\n                                       came there, they also abused them and they assaulted Mohan Puri with stick,\n                                       due to which Mohan Puri sustained injuries on his head and other body parts.\n                                       They also assaulted Jagesh and Manoj with stick.Learned counsel for the applicants submits that the applicants have not\n                                       committed any offence and have falsely been implicated in the case. Even\n                                       otherwise, it is alleged that in the incident, Jagesh sustained grievous injury and\n                                       it is alleged that co-accused Nitesh @ Neetu assaulted Jagesh with axe, due to\n                                       which he sustained that injury. Though, in the FIR, it is mentioned that the\n                                       applicants also assaulted Jagesh and Manoj but according to MLC report of\n                                       Jagesh, he sustained only two external injuries, which was caused by other co-\n                                       accused persons as mentioned in the FIR which clearly shows that theSignature Not Verifiedapplicants did not cause the fatal injury to Jagesh. On the report of co-accusedSANDigitally signed by MONIKA CHOURASIANitesh @ Neetu Crime no.44/2022 regarding the incident also registered againstDate: 2022.08.03 16:44:36 ISTthe injured persons namely Jagesh, Mohanpuri, Manoj and Kallu. The applicants3have been in custody since 16/6/2022 and conclusion of trial will take time, so\n                                       the applicants be released on bail.Learned counsel for the State opposed the prayer.Looking to the facts and circumstances of the case, contention of learned\n                                       counsel for the applicants and the fact that it is alleged that in the incident, only\n                                       Jagesh sustained grievous injury on his head and it is alleged that the said injury\n                                       was caused by co-accused Nitesh @ Neetu, the applicants are in custody since\n                                       16/6/2022 and conclusion of trial will take time, without commenting on the\n                                       merits of the case, the application is allowed and it is directed that the applicants\n                                       b e released on bail upon their furnishing personal bond in the sum of\n                                       Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in the like\n                                       amo unt to    the satisfaction of the concerned C.J.M/trial Court for their\n                                       appearance before the trial Court on all such dates as may be fixed in this behalf\n                                       by the trial Court during the pendency of trial.This order will remain operative subject to compliance of the following\n                                       conditions by the applicants :-1.The applicants will comply with all the terms and conditions of the\n                                       bond executed by them;2.The applicants will cooperate in the trial;3.The applicants will not indulge themselves in extending inducement,\n\n                                       threat or promise to any person acquainted with the fact of the case so as to\n                                       dissuade him from disclosing such facts to the Court or to the Police Officer,\n                                       as the case may be;Signature Not VerifiedSAN4.The applicants shall not commit an offence similar to the offence ofDigitally signed by MONIKA CHOURASIADate: 2022.08.03 16:44:36 ISTwhich they are accused;45. The applicants will not seek unnecessary adjournments during the trial;\n                                       and6. The applicants will not leave India without prior permission of the trial\n                                       Court.C.C. on payment of usual charges.(RAJEEV KUMAR DUBEY)\n                                                                                                    JUDGE\n                                       m/-Signature Not VerifiedSANDigitally signed by MONIKA CHOURASIADate: 2022.08.03 16:44:36 IST