Devendra Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7655 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.56632/2021 Devendra Gurjar vs. State of M.P.

Gwalior, Dated :22.11.2021

Shri Rajiv Sharma, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 07.08.2021 in connection

with Crime No.220/2021 registered at Police Station Kotwali Distt.

Morena for offence under Sections 307, 393/34 of IPC and under

Sections 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that by mistake,

it has been mentioned in the bail application that the offence has also

been registered under Sections 323/34 of IPC, whereas the offence

has been registered under Section 393/34 of IPC.

Therefore this application is being considered for offence under

Section 307, 393/34 of IPC.

It is submitted by the Counsel for the applicant that according

to the prosecution case, two to three unknown miscreants tried to

snatch the bag of the complainant. One miscreant fired a gun shot

causing gun shot injury to the complainant. However, on account of

resistance by the complainant and his gunmen, the miscreants could

not take away the bag and ultimately ran away. It is submitted that the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.56632/2021 Devendra Gurjar vs. State of M.P.

applicant was not put to Test Identification Parade. Even the

complainant and two more witnesses namely Kishanveer Singh and

Deep Singh Tomar have been examined and they have not supported

the case on the question of identification. At present there is no

substantive evidence against the applicant. 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. However, it was fairly conceded that the

miscreants could not succeed in taking away the bag which was

containing an amount of Rs. 8,00,000/-. However, after going through

the deposition of the witnesses, it is fairly conceded that none of the

witnesses has supported the case on the question of identity. It is

further submitted that all the eye witnesses have been examined.

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.

In the light of the judgment passed by the Supreme Court in

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.56632/2021 Devendra Gurjar vs. State of M.P.

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) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510 cc133f1b56faa63e77b,

RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28E B, serialNumber=1B0EA1B496C965067285A628B81AE07B60D342 048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.22 17:01:12 -08'00'