M.Cr.C. No.3733/2010
22.07.2010
Shri Vipin Yadav, counsel for the applicants.
Smt. Sushila Paliwal, Public Prosecutor for the
respondent/State.
Heard both the parties.
Case diary of Crime No.393/2007 registered at
Police Station Jatara, District Tikamgarh for the offence
punishable under Sections 147, 148, 302 read with
Section 149 of I.P.C is perused.
The applicants are in custody since 24.2.2010.
Learned counsel for the applicants submits that the
complainant party is the accused of one murder and
therefore, to pressurize the witnesses in that case so
many names were alleged by the complainant in the case.
The complainant Girija Bai alleged against 4-5 persons
and in the case diary statement she increased the
number of the accused person and lastly she filed a
complaint in which so many persons were implicated.
The deceased died due to gun shot injury and there is no
allegation that any of the applicants fired from gun. No
overt act of the applicants was mentioned in the FIR and
a cooked case was prepared against the applicants. He
further submits that one co-accused Balram Yadav
received bail vide order dated 13.11.2009 in MCRC
No.7296/2009 by this Court and the case of the
applicants is in parity with Balram . The applicants are
reputed citizen of the locality and there is no criminal
past alleged against them. They are in custody since
24.2.2010 and therefore, they pray for bail.
Learned Public Prosecutor opposes the bail
application.
She submits that the names of the applicants were
mentioned in the initial FIR amongst 4-5 persons. The
deceased sustained more than 10 injuries out of which so
many injuries were caused by sharp cutting instrument
causing fracture and damage to the vital parts of the
body of the deceased though the deceased died of gun
shot injury but the act of the applicants as alleged in the
FIR make them guilty with the help of Section 34 of
I.P.C. Applicants are the main culprits with the other
accused and looking to their crime bail may not be given.
After considering the arguments advanced by the
parties, looking to the facts and circumstances of the
case and gravity of the offence, I am of the view that
present bail application of the applicants cannot be
accepted.
Therefore, application of the applicants Harnarayan
and Tularam under Section 439 Cr.P.C relating to Crime
No.393/2007 of Police Station Jatara, District Tikamgarh
is hereby dismissed.
(N.K. Gupta)
Judge
bina