MOHIT PUNIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is First application of the applicant Mohit Puniya 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 147 , 148 , 149 , 307 , 302 , 120-B , 34 of IPC read with Section 25 , 27 of Arms Act, 1959.

(2.) As per the prosecution case, on 02.01.2019 complainant Suresh lodged a report at P.S. 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 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 Uma Shankar and Pawan Rajput over money transactions, due to which Uma Shankar got such deadly attack done on them. It has been learnt that the bullet was fired by 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 of Arms Act, 1959 against Umashankar, 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 Umashankar from him, Uma Shankar and his employee applicant Mohit and co-accused 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 Mohit, Umashankar Raju @ Rajendra Rajput, Subhash Sharma, Rahul Sharma, Anil, Raghavendra, Rajesh @ Collector, Mansingh, Raman Sharma, Mahesh Chaudhari were included in group of persons who had gathered on spot at the time of incident. They were present on the spot armed with weapons.