RAJLALAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicants in connection with Crime No.550/2018 registered by Police Station Civil Lines, Satna, District Satna under Sections 147 , 148 , 149 , 294 , 323 , 324 , 326 , 307 and 506 of the Indian Penal Code, 1860.

(2.) The case of the prosecution is that, on 03.12.2018 at about 11:00 am, when complainant Rakesh Pratap Singh after attending the funeral of his relative returned to his house. The officials of Electricity Department was also visited his house and along with them the applicant visited to his tube well, situated at Bobaiya field. After settling the matter of electricity of the bore of Kaushlendra, the officer left the field. The applicants Amarbahadur Singh and co-accused persons Sateesh Singh, Mukesh Singh and Praveen Singh, who belong to village Nakti were also present there. On the dispute of electricity, co-accused Praveen Singh and Satish Singh abused and threatened complainant Rakesh Pratap Singh. On restraining the complainant, co-accused Praveen Singh again abused him and called the applicants, who were armed with lathis, dandas and guptis and assaulted the complainant. On hearing his cry, Manoj Singh, Vinay Singh, Dhanpat Singh, Ajay Singh and Ashok Singh came to the spot and intervened the matter. At that time, the applicants also attacked them by lathis, dandas and kulhadis. Later on, the other villagers have reached on the spot, the applicants and co-accused left the spot, but not before threatening and abusing the complainant and his family members. As a result of assault, the complainant received several injuries on his person. The other members of the complainant party also received several injuries. On the basis of aforesaid assault, Crime No.550/2018 for the offence punishable under Sections 147 , 148 , 149 , 294 , 323 , 324 and 506 of IPC has been registered against the applicants and co-accused persons. After medical examination of Rakesh Pratap Singh, Manoj Singh, Ajay Singh, Vinay Singh, Dhanpat Singh and Ashok Singh, offence under Section 307 of IPC has been added in the already registered crime.

(3.) Learned counsel for the applicants submitted that the applicants have not committed any offence and have falsely been implicated in the crime. It is further submitted that the complainant and his allies themselves have beaten the applicants which leads to serious injuries for which counter FIR under Crime No.551/2018 has been lodged against the complainant party. It is further submitted that it was the complainant and his family members who are involved in voluntarily disruption of electrical supply of applicants without any authority. It is also submitted that the applicants are permanent resident of the address described in the application. The applicants are in judicial custody since 11.3.2019 and the trial will take time. They are ready and willing to furnish sufficient surety as may be imposed upon them. In view of the aforesaid, a prayer has been made to enlarge the applicants on anticipatory bail.