MAN SINGH SISODIA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is First application of the applicant Man Singh Sisodia filed under section 439 Cr.P.C. for grant of bail in connection with Crime No.3/2019 registered at Police Station Udaipura, District Raisen for the offence punishable under Sections 341 , 147 , 148 , 149 , 307 , 302 , 120-B , 34 of IPC and Section 25 , 27 of Arms Act, 1959.

(2.) As per the prosecution case, on 02.01.2019 complainant Suresh lodged a report at Police Station Udaypura averring that he drove Pawan Rajput's vehicle bearing registration No.MP-04-CN-2507. On 01.01.2019 at 08:00 PM when he was passing from the front of co-accused Umashankar's office with the same vehicle along with Pawan Rajput and Ramesh Rajput, on the way, when they reached in front of Rathi's shop, they saw that 15-20 persons were standing armed with stick, spears (farsa) and gun in front of Uma Shankar's office. On seeing them, he slowed down the vehicle. On that, these persons ran towards his vehicle, so he turned back the vehicle. Meanwhile, some of the persons fired on the vehicle, in which one bullet, piercing the rear glass of the vehicle hit Ramesh Rajput. They took Ramesh Rajput to hospital, where doctor declared him dead. A dispute is going on between co-accused Uma Shankar and Pawan Rajput over money transactions, due to which co- accused Uma Shankar got such deadly attack done on them. It has been learnt that the bullet was fired by co-accused Manish. On that police registered Crime No.3/2019 for the offence punishable under Sections 147 , 148 , 149 , 307 , 302 , 120-B , 34 of IPC read with Section 25, 27, 30 of Arms Act, 1959 against co-accused Umashankar and Manish and other unknown persons and investigated the matter.

(3.) During investigation, Police recorded the statements of Pawan Rajput and other witnesses and also collected the CCTV footage of camera fitted at the Umashankar's office and nearby Pawan Khatik's Shop. From that it was found that on the date of incident at around 6 PM, when Pawan Rajput demanded his money due on co-accused Umashankar from him, Uma Shankar and his employee co-accused Mohit and Manish abused Pawan on phone and also threatened to kill him. Thereafter, said incident occurred when Pawan Rajput was going to Prem Nagar. It was also found that applicant Mansingh and co-accused Raju @ Rajendra, Raghvendra Sharma, Subhash Sharma @ Aditya Sharma, Umashankar, Mohit, Rahul Sharma, Rajesh @ Collector, Raman Sharma, Mahesh Chaudhari and Anil Sharma were included in a group of persons, who had gathered on the spot at the time of incident. They were present on the spot armed with weapons.