BADRI NIHALE Vs. STATE OF M P

JUDGEMENT

(1.) This application has been filed on behalf of three applicants under Section 439 of Criminal Procedure Code for grant of bail in connection with crime No. 346/04 registered at Police Station Kohefiza, Bhopal for the offences under Sections 330, 304 Part-II and 323 read with Section 34 of Indian Penal Code. The Sessions trial No. 212/ 05 is pending in the Court of Sessions Judge, Bhopal.

(2.) The Sessions Judge, Bhopal rejected the bail application filed under Section 439 of Criminal Procedure Code of all these applicants vide order dated 3/8/2005 passed in Sessions Trial No. 212/05 on these grounds that the earlier application of these applicants was rejected and at that time, it observed that probably, the applicants caused serious injuries to R. K. Jain as they were on duty at that place where R. K. Jain was kept in custody. There is no material change in the circumstances since the earlier application was rejected, therefore, the applicants are not entitled to be released on bail.

(3.) The bail application of K. S. Solanki, Inspector, S.P.E. Lokayukt Office, Bhopal was allowed by this Court vide order dated 8/7/2005 passed in M.Cr.C. No. 4237/05 and the copy of that order has been filed with this application. In that order, the story of the prosecution has been stated briefly and there is no need to repeat the story of the prosecution. Only these facts can be added that the trap was conducted on 14-7-2004 by B. P. Singh under the supervision of M. S. Nain, Incharge S. P. of Lokayukt Establishment and thereafter, R. K. Jain was kept in one room where the applicants were on duty during the night time. In the next morning, he was found unconscious and shifted to hospital where he was declared dead. The applicants and other accused persons kept R. K. Jain in such a situation which was not proper for the patient of asthma and they also tortured R. K. Jain physically and mentally, as a result of which he died.