Anil Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 15997 MP

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                          IN     THE      HIGH        COURT OF MADHYA                       PRADESH
                                                       AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 2 nd OF DECEMBER, 2022
                                         MISC. CRIMINAL CASE No. 54661 of 2022

                          BETWEEN:-
                          ANIL GURJAR S/O SHRI DEVENDRA SINGH GURJAR,
                          AGED ABOUT 22 YEARS, OCCUPATION: STUDENT VILL.
                          PHOOLPURA P.S MAHARAJPURA (MADHYA PRADESH)

                                                                                         .....APPLICANT
                          (BY MR. RAJMANI BANSAL - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION MAHARAJPURA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (MR. C.P. SINGH - PANEL LAWYER FOR RESPONDENT - STATE AND MR.
                          PRADEEP KATARE - ADVOCATE FOR THE COMPLAINANT)

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

Case diary is available.

Case diary of Cross-case bearing Crime No.676/2021 registered at Police Station Maharajpura, Gwalior is also available.

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dated 13.10.2022 passed in M.Cr.C.No.47367/2022.

The applicant has been arrested on 27.07.2022 in connection with Crime No.671/2021 registered at Police Station Maharajpura, District Gwalior for

Signature Not Verified offence under Sections 323, 294, 506-B, 34, 324 and 326 of IPC. Signed by: BARKHA SHARMA Signing time: 02-Dec-22 4:50:47 PM

It is submitted by counsel for the applicant that according to the prosecution case, the applicant had given an axe blow causing injury on the forehead of the injured-Mewaram. However, lacerated wound was found. It is submitted that even assuming that the said injury was caused by the applicant but still he is in jail from 27.07.2022 i.e. more than four months. The trial is likely to take sufficiently long time. There is no possiblility of his absconding or tampering with the prosecution case. It is further submitted that in cross-case the applicant has also sustained incised wound on his head.

Per contra, the application is vehemently opposed by the counsel for the State as well as counsel for the complainant. It is submitted by the counsel for

the complainant that the applicant was absconding and he could be arrested only after the application was filed before this Court.

Considering the period of detention, nature of allegation and 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 o f Rs.50,000/- (Rupees Fifty Thousand only) 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.

Certified copy as per rules.

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 02-Dec-22 4:50:47 PM

(G.S. AHLUWALIA) JUDGE bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 02-Dec-22 4:50:47 PM