Harbhajan Singh vs State of M.P.

S.K. Palo, J.—Heard.

Admit.

This is the second bail application filed by the applicant u/s 438 of Cr.P.C. for grant of anticipatory bail. The first bail application has been rejected on 26.05.2014.

The applicant apprehends his arrest in connection with Crime No. 75/2002 registered at Police Station Porsa District Morena (M.P.) for the offences punishable under Sections 307, 147, 148, 149 of IPC and Sections 25, 27 of Arms Act.

The prosecution story in brief is that on 29.03.02 at about 10 pm, a report was lodged by the complainant Gore Singh to the effect that at his village in the house of Apparwal Singh there was an after death rituals going on which Parasram armed with 12 barrel gun, his brother armed with bhala, Sulkhan Singh armed with lathi, Lalla brother Ramgopal armed with 12 barrel gun, son of Ram Sharan Singh (Fauji) armed with 12 bore katta, Raj Bahadur armed with 12 barrel gun and Gutte Singh armed with farsa having consumed alcohol abused the complainant and they started assaulting the complainant party and they also fired gunshots. Therefore, Crime No. 75/02 under Sections 307, 147, 148, 149 of IPC read with Section 25/27 of Arms Act has been registered at Police Station Porsa, District Morena.

On behalf of the applicant, it is submitted that the earlier application was rejected on the ground that the complainant Gore Singh has not been examined, whereas, the complainant Gore Singh has already been examined. On these grounds, he prays for grant of anticipatory bail.

Learned counsel for the State opposed the application.

On Perusal of the record, it is found that the injured Gambhir Singh was examined as P.W. 7 and injured Gore Singh was examined as PW-11. Both these witnesses were declared hostile as they did not support the prosecution story. The charge-sheet was filed against the other accused persons i.e., Raj Bahadur and others. Earlier in Sessions Trial No. 52/2002, they stood for trial. On 30.04.2007, it was decided and the accused persons were acquitted.

Keeping in view the above circumstances and the fact that the applicant is above 55 years old (Ex-Military man) and in the statements of Gambhir Singh and Gore Singh, nothing is attributed against the applicant in the crime, I am of the view that it is a fit case for grant of anticipatory bail. Accordingly, application u/s 438 of Cr.P.C. is allowed.

It is directed that applicant make himself present before the Arresting Officer within 10 days from today and in the event of his arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 40,000 (Rs. Forty Thousand only) with one solvent surety in the like amount to the satisfaction of Arresting Officer.

The applicant is directed to join the investigation immediately and to fully co-operate with the investigation. He shall further abide by the other conditions enumerated in subsection (2) of Section 438 of Cr.P.C.

In view of the ratio laid down by Hon''ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Others, , this order shall remain in force till the end of the trial. However, the applicant has to furnish a fresh bail bond and surety before the trial Court after the filing of challan.

Certified copy as per rules.