Devendra Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5193 MP

                                        1




                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                                       BEFORE
               HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                              ON THE 8th OF APRIL, 2022

                     MISC. CRIMINAL CASE No. 17542 of 2022

          Between:-
1.        DEVENDRA GURJAR S/O GOPAL , AGED ABOUT 22
          YEARS, OCCUPATION: STUDENT VILLAGE WARD NO.
          15 SIKANDARPUR NARWAR (MADHYA PRADESH)

2.        SUNEEL S/O GOPAL , AGED ABOUT 22 YEARS,
          OCCUPATION: STUDENT VILLAGE WARD NO. 15
          SIKANDARPUR NARWAR DISTT. SHIVPURI (MADHYA
          PRADESH)

                                                                     .....APPLICANTS
          (BY SHRI PRASHANT SHARMA, ADVOCATE & SHRI SIDDHARTH
          SHARMA, ADVOCATE)

          AND

          THE STATE OF MADHYA PRADESH INCHARGE
          POLICE STATION PS NARWR (MADHYA PRADESH)

                                                                   .....RESPONDENTS
          (BY SHRI RAVINDRA SINGH KUSHWAH, PUBLIC PROSECUTOR FOR THE
          STATE &
          SHRI AMIT LAHOTI, ADVOCATE FOR THE COMPLAINANT)

      This application coming on for hearing this day, the court passed the following:
                                       ORDER

This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicants.

The applicants apprehend their arrest in connection with Crime No.203/2021

registered at Police Station Narwar, District Shivpuri (M.P.) for offence under Sections 341, 324, 294, 323, 307 & 34 of IPC.

It is submitted by learned counsel for the applicants - Devendra Gurjar and Suneel that the applicants are innocent. They have not committed any offence. Initially

the case was registered under Sections 341, 324, 294, 323, 34 of IPC and charge-sheet

was filed for the same offences. Thereafter, Judicial Magistrate First Class has taken cognizance for offence under Section 307 of IPC and trial Court has denied to grant

anticipatory bail to the present applicants. Earlier, one application was filed under Section 438 of Cr.P.C. by the co-accused persons of this case, namely, Ramsingh

Gurjar, Hemant Gurjar & Ravendra, bearing M.Cr.C. No.6752/2022 which was withdrawn on 22/02/2022, wherein this Court has observed that since the offences

under Sections 341, 324, 294, 323, 34 of IPC are bailable, therefore provisions of Section 438 of Cr.P.C. are not attracted in the case. It is further submitted that cross-case has also been registered, therefore individual act has to be seen. Applicants

are ready & willing to abide by any condition which may be imposed by this Court. In support of his arguments, learned counsel for the applicant has relied upon the judgment passed by the Hon'ble Apex Court in the case of Pradeep Ram Vs. State of

Jharkhand & Another [(2019) 17 SCC 326], and prays for grant of anticipatory bail to the applicants.

Learned State counsel as well as learned counsel for the complainant have vehemently opposed the application and have submitted that till date applicants have

neither furnished any bail before investigating agency nor before the trial Court. It is further submitted that the Magistrate has taken cognizance for offence under Section

307 of IPC wherein injury has been caused over the vital part of the victim. Therefore, no case is made out for grant of anticipatory bail to the applicants.

In reply, learned counsel for the applicant further submits that while opposing

the bail application, learned counsel for the complainant has wrongly interpreted the order passed by trial Court on 31/03/2022 and it is having no effect for considering the

present application filed on behalf of the applicants for grant of anticipatory bail.

Heard learned counsel for the parties and perused the documents available on

record as well as case diary.

It is apparent from the perusal of case diary as well as documents available on record that the Magistrate has taken the cognizance for offence under Section 307 of

IPC against the applicants and First Additional Sessions Judge, Karera, Distt. Shivpuri (M.P.) has rejected the anticipatory bail application of the applicants vide order dated

31/03/2022 passed in Case No.BA/268/2022. On perusal of documents, it is also

apparent that in furtherance of common intention, aforesaid offences have been committed by the applicants and injuries have been caused by Axe over vital parts of

the body of victims. Therefore, considering the aforesaid facts of the case along with nature & gravity of offence, this Court is not inclined to grant anticipatory bail to the

applicants.

Consequently, this first anticipatory bail application stands dismissed.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Shubhankar

Digitally signed by SHUBHANKAR MISHRA Date: 2022.04.08 15:51:05 +05'30'