SHRI MAYANK SHARMA, ADVOCATE) v. STATE AND SHRI SHISHIR VERMA, ADVOCATE FOR OBJECTOR)

(BY SHRI MANISH DATT, LEARNED SENIOR ADVOCATE WITH SHRI MAYANK SHARMA, ADVOCATE) .....APPLICANT AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION LAVKUSHNAGAR, DISTRICT CHHATARPUR (MADHYA PRADESH) (BY SHRI ATMARAM BAIN, DEPUTY GOVT. ADVOCATE FOR STATE AND SHRI SHISHIR VERMA, ADVOCATE FOR OBJECTOR) .....RESPONDENTS This application coming on for hearing this day, the court passed the following: ORDER This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 23.07.2022 in connection with Crime No.154/2022, registered at Police Station Lavkushnagar, District Chhatarpur (M.P.) for the offence punishable under Sections 341, 294, 302 and 34 of Indian Penal Code and Section 30 of Arms Act. Learned Senior Counsel appearing for the applicant submitted that incident has taken place on 21.04.2022 at about 05:00 p.m. and FIR was lodged on the same day at 11:57 p.m. It is submitted that complainant is one Rajendra Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/28/2022 6:27:19 PM 2 Rajpoot. His son Anil Rajpoot and his friend had altercation with wife of Suresh Anuragi. Brijendra Rajpoot is said to have given air to the incident and incited Suresh Anuragi and his wife to lodge FIR. FIR was lodged against Anil Rajpoot and he was absconding. When his son Anil Rajpoot was passing in front of house of Brijendra Rajpoot, he saw Anil and told him that he was falsely implicated by him. His motorcycle before house of Suresh Rajpoot got stuck in a drain. At this time Brijendra Rajpoot brought his double barrel 12 bore gun. Anil returned to the house of Brijendra Rajpoot and stopped him from abusing him. Other persons namely Omprakash Rajpoot, present applicant Rakesh Rajpoot and Chandan Sing Rajpoot came there. Omprakash Rajpoot was armed with 12 bore gun, present applicant Rakesh Rajpoot with 315 bore rifal and Chandan Singh Rajpoot with a lathi. They surrounded Anil and exhorted Brijendra to fire on Anil. Brijendra fired on chest of Anil Rajpoot, he fired second round on head of Anil and he reloaded the gun and fired third round on head of Anil Rajpoot. Anil Rajpoot fell down and died. Police registered FIR against accused persons namely 1. Brijendra Rajpoot, 2. Omprakash Rajpoot,

Rakesh Rajpoot and 4. Chandan Singh Rajpoot. Learned Senior counsel for applicant submitted that there is no overt act of applicant. He has falsely been implicated in the case being family member. Overt act is of Brijendra Rajpoot and he had killed Anil Rajpoot. In these circumstances, the applicant be enlarged on bail. Learned Deputy Government Advocate appearing for the State as well as counsel for objector opposed the application for grant of bail. It is submitted that applicant along with others exhorted and thereafter Brijendra Rajpoot had fired from his gun. Act on part of applicant constitutes common intention to kill Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/28/2022 6:27:19 PM the deceased. In these circumstances, applicant may not be enlarged on bail. 3 Heard the counsel for the parties. As per FIR and statement of witnesses, it has not been stated in statement that which family members of Brijendra Rajpoot exhorted. They were stated to armed with weapons, but none of them participated in assault and no active role has been ascribed to them except stating that they had surrounded him and did not allow him to flee. Brijendra Rajpoot had fired from 12 bore gun having palette, therefore, if other applicant's had surrounded Anil and not allowing him to run, then they too would have been injured from the fire. None of said, applicant is said to have received any injury. Considering the aforesaid circumstances of the case, bail application filed by applicant is also allowed. It is directed that the applicant - Rakesh Rajpoot shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C. Certified copy as per rules. sp/- (VISHAL DHAGAT) JUDGE Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/28/2022 6:27:19 PM