Madhya Pradesh High Court
Nandlal Gurjar vs The State Of Madhya Pradesh on 8 December, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.60184/2021
(NANDLAL GURJAR VS. STATE OF M.P.)
Gwalior, Dated : 08/12/2021
Shri Rajesh Pathak, learned counsel for the applicant.
Shri C.P.Singh, learned counsel for the State.
Shri I.S.Asthana, learned counsel for the complainant.
Case diary is available.
This is first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 10/11/2021 in connection
with Crime No.156/2021 registered at Police Station Kadwaya,
District Ashoknagar for offence under Sections 302, 323, 341, 294,
506 and 34 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, four persons namely Ravindra Gurjar,
Santosh Gurjar, Narveer Gurajar and Jahar Singh Gurjar, who were
armed with Lathi, Lohangi and Farsa waylaid the complainant and
started abusing him and when the complainant objected to it, then it
is alleged that Ravindra Gurjar assaulted on the head of the deceased
Kaptan Singh by means of Farsa whereas, another Farsa blow was
given by Santosh Gurjar. Jahar Gurjar assaulted by an axe as a result,
the deceased Kaptan Singh fell on the ground. Narveer Gurjar is
alleged to have given a blow on the right hand. Thereafter, Shriram
also came there and assaulted the deceased by means of a Lathi
THE HIGH COURT OF MADHYA PRADESH
MCRC No.60184/2021
(NANDLAL GURJAR VS. STATE OF M.P.)
causing injury on his hands, legs, toes etc. It is submitted that the
name of the applicant was not mentioned in the said FIR. However, it
appears that later on, in the statement recorded under Section 161 of
Cr.P.C. the complainant improved his version by claiming that as he
was afraid of the applicant, therefore, he did not name him, but the
applicant, who was initially armed with an axe had also assaulted the
deceased by means of Lahongi. It is submitted that not only, it is a
case of over implication but if, the applicant was already armed with
an axe, then there was no reason for him to pick up a Lohangi after
leaving axe. The applicant has no criminal history. The Trial is likely
to take sufficiently long time and there is no possibility of his
absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the
counsel for the State as well as counsel for the complainant.
Considering the facts and circumstances of the case, without
commenting on the merits of the case, the application is allowed. It is
directed that the applicant be released on bail on furnishing a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with
one surety in the like amount to the satisfaction of the Trial
Court/Committal Court to appear before the Court on the dates given
by the concerned Court.
This order shall remain effective till the end of trial but in case
THE HIGH COURT OF MADHYA PRADESH
MCRC No.60184/2021
(NANDLAL GURJAR VS. STATE OF M.P.)
of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in
the case of Aparna Bhat and others Vs. State of M.P. Passed on
18.03.2021 in Criminal Appeal No. 329/2021, the intimation
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2021.12.08
17:21:31 -08'00'
