SURYABHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Section 438 of Cr.P.C. for grant of anticipatory bail. Applicant Suryabhan Singh apprehends his arrest in connection with Crime No. 329/2020, registered at Police Station Majholi, District Jabalpur (MP) for the offence punishable under Sections 302, 323 and 34 of the IPC.

(2.) As per prosecution case, on 29/09/2020 complainant Prashant Singh Rajput lodged a report at P.S. Majholi, Distt. Jabalpur averring that, between 12 and 1 pm deceased Vikas Singh, Rajkishore, Dharmendra and he were standing at Negai Tiraha, Indrana, where co-accused Ujyar Singh came in a jeep which was being driven by co-accused Jogendra Singh. Applicant Suryabhan Singh and co-accused Chhotu @ Chandrabhan were also standing there. Due to previous enmity, Ujyar Singh fired a gunshot targeting deceased Vikas Singh with intent to kill him. The bullet hit his stomach, thereafter, Chhotu Singh took the gun from his father Ujyar Singh and fired a gun shot at Vikas and the bullet hit his head. Applicant Suryabhan assaulted him (Prashant Singh) by butt of the same gun, due to which he sustained injury in his head. He took Vikas to Metro Hospital Jabalpur then Medical College Jabalpur, where doctors declared him dead. On that, police registered Crime No. 329/2020 at PS Majholi Distt. Jabalpur for the offence punishable under Sections 302, 323 and 34 of the IPC against applicant Suryabhan Singh and co-accused Jogendra Singh, Ujyar Singh, and Chhotu @ Chandrabhan and investigated the matter. During investigation, police on the basis of call details and the mobile tower location and CCTV footage, found that applicant Suryabhan Singh and co-accused Jogendra Singh were not present on the spot at the time of incident. So, the police did not file a charge sheet against them. On the charge-sheet filed by the police, learned Magistrate directed the police to further investigate the matter. The Police again after investigation, filed a further investigation report but even in that report, police stated that it was found that the offence was committed only by co-accused Ujyar Singh and Chhotu Singh. On that, learned JMFC, Sihora vide order dated 10/3/2021, issued bailable warrant against applicant Suryabhan Singh and co-accused Jogendra Singh. On that, applicant Suryabhan filed anticipatory bail application which was rejected by the learned ASJ Sihora. On that, the applicant filed this anticipatory bail application.

(3.) On 30/09/2020, co-accused Ujyar Singh also lodged a report at P.S. Majholi, Distt. Jabalpur averring that on 29/09/2020 at around 12:45 pm, when he reached Negai Tiraha, Indrana, by his Jeep bearing registration No. MP20H5011 which was being driven by Bablu, he met Vikas Singh and Prasant Singh. They abused him and when he objected, Prashant Singh assaulted him by stick due to which he sustained injury in his head and Vikas Singh assaulted him by kicks and fists. On that, he fired with his point 0.22 licensed gun, due to which Vikas sustained gunshot injuries in his stomach and head. Prashant also assaulted him by stick, due to which his gun was broken and he sustained injury on fingers of his left hand. On that, police also registered Crime no. 0331/2020 at P.S. Majholi Distt. Jabalpur for the offence punishable under Sections 294, 323, 324, 325, 506 and 34 of the IPC against deceased Vikas and complainant Prashant Singh Rajput.