Madhya Pradesh High Court
Shadilal vs The State Of Madhya Pradesh on 22 November, 2021
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.56651/2021
(SHADILAL VS. STATE OF M.P.)
Gwalior, Dated : 22/11/2021
Shri Kuldeep Thapak, learned counsel for the applicant.
Shri C.P.Singh, learned counsel for the State.
Case diary is available.
This is first bail application under Section 439 of Cr.P.C. has
been filed for grant of bail.
The applicant has been arrested on 02/10/2021 in connection
with Crime No.151/2021 registered at Police Station Ater, District
Bhind for offence under Sections 307, 353, 336, 332 and 34 of IPC
and Section 25/27 of the Arms Act.
It is submitted by the counsel for the applicant that on
01/10/2021, an information was received that the applicant is having
an illegal gun with him and accordingly, police party went to the spot
alongwith the police force and saw that the applicant was having 12
bore double barrel halfbut gun. When, he was surrounded by the
police party, then he fired three gunshots by aiming at the police
force. However, the police party did not suffer any injury on account
of gunshots fired by the applicant. Thereafter, the applicant instigated
his daughter to take out another gun and accordingly, the daughter of
the applicant went to the roof of her house and fired one gunshot but
it did not hit anybody. Thereafter, the wife of the applicant again
instigated her daughter to fire another gunshot, which landed on the
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.56651/2021
(SHADILAL VS. STATE OF M.P.)
earth. Thereafter, four gunshots were fired by the police in retaliation.
It is alleged that the wife of the applicant pelted stones in order to
take away the applicant as a result police Constable Abhishek
sustained injury on his right palm. It is submitted that although, the
police has shown the recovery of one 12 bore gun and 5 live
cartridges and one fired cartridge but the applicant has been falsely
implicated. In fact the wife of the applicant has filed a habeas corpus
writ petition, which has been registered as W.P.No.10479/2020 and
the said habeas corpus writ petition is pending. In the said writ
petition, it was alleged that the respondent No.4 therein, who is a
police officer, is still in possession of two gold rings and mobile of
the daughter of the applicant and the respondent No.4 therein has
given the same to his brother-in-law (Sala). Accordingly, the
Superintendent of Police, Bhind was directed to file the call details of
the mobile number carrying IMEI number belonging to the daughter
of the applicant. The daughter of the applicant was also produced
before the Court in W.P.No.10479/2020 and her statement was
recorded and this Court by order passed on the very same day sought
explanation/ reply alongwith the personal affidavit of the respondent
No.4/ Atul Bhadauriya, SHO, Police Station Ater, District Bhind. It is
submitted that on account of pendency of W.P.No.10479/2020 as well
as in the light of the allegations made by the applicant as well as his
THE HIGH COURT OF MADHYA PRADESH
MCRC No.56651/2021
(SHADILAL VS. STATE OF M.P.)
daughter against Atul Bhadauriya, SHO, Police Station Ater, District
Bhind, the applicant has been falsely implicated. 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 is fairly conceded that none of the
police personnel had sustained any gunshot injury except one
Constable Abhishek, who is alleged to have sustained injury on his
right palm on account of pelting stones by the wife of the applicant.
Considering the period of detention 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
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.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.56651/2021
(SHADILAL VS. STATE OF M.P.)
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2021.11.22
18:08:11 -08'00'
