Rajkumar Pasi vs State Of Madhya Pradesh

This is first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 16.07.2019 in connection with Crime 181/2019, registered at Police Station Khamariya District Jabalpur (M.P.), for the offence punishable under Sections 302, 147, 148, 323, 294, 324, 506 of IPC.

According to prosecution case, on 03.07.2019, in the night at about 22.30 O'clock, upon receipt of information of dispute, police reached on spot where informer-Ranu Swami informed that at about 21.30 O'clock when she was going to attend nature call, she saw quarrel in the house of Rajkumar Pasi between family members. When she was returning, she saw that the present applicant and other accused persons were having weapons thereafter they caught her hold. On her shouting, her family members (father and brothers) reached there to save her then the accused persons attacked them with rod, wooden stick and bricks. During treatment, father of complainant i.e. Rajkumar Patel died.

Learned counsel for the applicant submits that the applicant is innocent person and has falsely been implicated in the case. He further submits that on the date of incident, his mother/Kanti Bai also lodged the FIR at Police Station Khamaria in which she alleged that the brother of Ranu Swami and her father deceased-Raj Kumar Patel along with Ranu Swami assaulted her Son applicant/accused-Rajkumar Pasi and Ramavatar with Iron Rod and on her complaint, police has registered the FIR in Crime No. 182/2019 for the offence of Sections 294, 307, 324, 506, 34 of IPC and Sections 3(2)(V), 3(1) (x) of SC/ST Act against deceased-Raj Kumar Patel, complainant Ranu Swami and her brothers. He further submits that the complainant party came to the house of the applicant and attacked them and for just protecting themselves, injuries were sustained to complainant party. The complainant party are the aggressor and injuries were sustained to Aashish Patel and Kali Patel are simple in nature. The applicant also sustained injuries on his head and counter case has also been registered against the complainant party in which Aashish Patel and Kali Patel have been released on bail. According to medical report, three injuries were found on the body of deceased whereas five persons have been implicated by the police in the case which clearly shows that the police has registered a false case against the present applicant. There is no likelihood of his absconding or tempering with the prosecution evidence. Apart from that other co-accused of the case has already been enlarged on bail by this Court. He is ready to furnish adequate surety and shall abide by all the direction and conditions which may be imposed by the Court. With the aforesaid, he prays for allowing this bail application. In support of his contention he has relied the judgment of the Hon'ble Apex Court in the case of Bhagwan Swaroop Vs. State of MP reported in (1992) 2 SCC 406.

On the other hand learned counsel for the respondent/State opposes the bail application submitting that the the applicant is the main accused of the case as he has assaulted the deceased on his head with iron rod which has been seized from his possession. With the aforesaid he prays for rejecting the said bail application.

Heard the submissions of both the parties and perused the case diary. On perusal of case diary as well as other material of the case, it seems that for the same incident, both parties have lodged the FIR's against each other. Complainant side of this case has lodged first the FIR in crime No. 181/2019 for the offences of Sections 302, 147, 148, 294, 323, 324 and 506 of IPC whereas from the applicant side, mother of victims (Rajkumar and Ramavatar) has lodged the FIR in Crime No. 182/2019 for the offences of Sections 294, 307, 324, 506 read with 34 IPC and Sections 3(2)(v) and 3(1)(x) of SC/ST Act. The allegation against the present applicant is that he has assaulted the deceased and his son with iron rod. The injuries sustained to the other victims are simple in nature. Admittedly, the accused/applicant has also sustained some injuries on his head however same are found to be simple in nature. The learned counsel for the applicant argued that the complainant party was the aggressor one and on perusal of case diary, no explanation by the prosecution is found in this regard. The co-ordinate Bench of this High Court has granted the bail to the brother of complainant of this case. The co-accused of this case have also been released on bail.

After considering the circumstances of the case and looking to the fact that both the party have registered the case against each other for the same incident and sustained injuries on the same transaction but the prosecution has failed to explain that who was the aggressor party, I am of the opinion that the applicant is entitled to grant bail under Section 439 of Cr.P.C. Consequently, without commenting on merits of the case, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant is allowed.

It is directed that the applicant-Rajkumar Pasi will be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the same like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the regard and for complying with the conditions enumerated under Section 437 (3) of Cr.P.C.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List this matter for final hearing in due course, as per listing policy. C.C. as per rules.