The applicant moved the High Court of Madhya Pradesh for anticipatory bail regarding an attempt to murder police officers by blocking the road with a truck. The court dismissed the application, noting the applicant commanded the driver to flee despite police presence.
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1 MCRC-35536-2018
The High Court Of Madhya Pradesh MCRC-35536-2018
(UTTAM KUSHWAHA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated :17-09-2018
Shri Brijesh Kumar Mishra, counsel for the applicant. Shri Y.D. Yadav, Govt. Advocate for the respondent/State.
This is the first application under section 438 of the Cr.P.C. requesting for grant of anticipatory bail in connection with Crime No.202/2018 registered at Police Station, Sohagpur, District Shahdol for offences punishable under section 307 of the IPC, section 11 (d)(e) of Prevention of Cruelty to Animals Act, sections 4, 6, 6 (a), 6 (b), 9 of the M.P. Govansh Vadh Pratishedh Niyam, sections 6,9,10, 11 of the M.P. Krishik Pashu Parirakshan Adhiniyam and sections 66/192 of the Motor Vehicle Act.
The prosecution story in brief is that, on 13.5.2018, during patrolling at about 3:00 am an information has been received that vehicle bearing registration No. MP 19 HA 3622 is arriving from Satna along with cattle towards Kotma, Anuppur. Police Sohagpur informed other patrolling parties. They saw the truck going towards Kotma. When the police party tried to stop the vehicle by signaling by hand and by torch, driver Sunil did not slow down, but speeded the truck and when police party tried to stop it by force, the driver with dangerously brought the vehicle towards the police party. Had not policemen jumped aside, the truck could have crushed the policemen. Truck speeded away. An intimation was given to the Control Room and the truck was chased. Deputy Superintendent of Police also received information and intimated to Control Room of Budhar and Amlai. Again attempted to stop at Amlai went in vain but the truck did not stop and came over the policemen. Again the policeman jumped aside and saved his life. When Deputy Superintendent of Police chased the truck, truck driver did not allow the police vehicle to overtake the truck and dangerously tried to cover the road so that the police jeep could not overtake the truck and it could fall into the road side. The driver, therefore, tried to kill the policemen at Kotma. The driver stationed the truck at Kotma cattle market and fled away. Khalasi Babloo Yadav sitting on the truck was over powered. Other accused persons fled away from the spot. There were 26 cattle in the truck. On the memorandum of Babloo Yadav, it was found that truck was carrying cattle to cattle market by Uttam Kushwaha. Driver Fazeel
2 MCRC-35536-2018 was driving the vehicle. The cattle were loaded at village Bilkhura and was to be dropped at Kotma.
When the police party tried to stop the truck, Uttam Kushwaha was directing the driver Fazeel, not to stop the truck so that they cannot be caught by the police. Therefore, the driver was driving the vehicle speedily and deliberately intend to run over the police party. There were 26 cattle inside the truck.
On behalf of the applicant, it is contended that the applicant is innocent and the applicant was not driving the truck at the time of incident. It is also submitted that co-accused Sarik Ahmad was granted anticipatory bail vide order dated 31.05.2018 passed in M.Cr.C. No.20667/2018. Therefore, the applicant is also entitled for anticipatory bail on the ground of parity.
On behalf of the respondent/State, the application is opposed and it is contended that now-a-days, a trend has been developed to run over the vehicle over the policeman or a person, who tries to stop the vehicle so that nobody can catch them. It is also submitted that in similar circumstances, a policeman was run over by the tractor carrying illegal sand, in the recent past.
Perused the record.
The memorandum of Khalasi Babloo Thakur and statements other policemen indicate that the applicant Uttam Kushwaha was seated in the truck and commanded the driver, not to stop the vehicle happen what may. The applicant was the person, taking the cattle and on his command, the driver has committed the crime. The applicant has no valid document of the cattle. So far as the case of Sarik Ahmad (supra) is concerned, he is owner of the truck and he was not present in the truck during the incident. Therefore, he was granted anticipatory bail and his case is different from the present applicant.
Keeping in view that the person, who has no respect for law and human life is not deserve to be enlarged on anticipatory bail. Accordingly, application is dismissed.
(SUSHIL KUMAR PALO) JUDGE
pn
Digitally signed by PANKAJ NAGLE Date: 2018.09.19 15:03:55 +05'30'
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant who commanded the truck driver not to stop the vehicle despite police intervention, thereby endangering lives?
6 provisions across 6 enactments
Uttam Kushwaha
State of Madhya Pradesh
SUSHEEL KUMAR PALO
As recorded by the court registry
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