Dinesh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1122 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-4347-2022 Dinesh Gurjar Vs. State of MP

Through video conferencing

Gwalior, Dated : 24.01.2022

Shri Ravi Dwivedi, Counsel for the applicant.

Ms. Kalpana Parmar, 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 06.01.2022 in connection with

Crime No.699/2021 registered at Police Station Gola Ka Mandir Distt.

Gwalior for offence under Sections 307, 34 of IPC.

It is submitted by the counsel for the applicant that according to the

prosecution case, on 26.12.2021 complainant was going to the shop of

Chawala Chicken along with his friend to purchase the food. It is alleged

that co-accused Himanshu Sharma on the question of old enmity fired at

him causing injury on the ankle of his left leg. The applicant and co-

accused Sukhveer Kaurav were instigating that the complainant should be

killed. It is submitted that the applicant has been falsely implicated. In

fact, a self-inflicted injury on his own ankle has been caused by the

complainant. Even otherwise, there is no allegation of firing against him.

However, in view of the criminal antecedents, he is ready and willing to

abide by any stringent condition, which may be imposed by the Court.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant has a criminal

THE HIGH COURT OF MADHYA PRADESH MCRC-4347-2022 Dinesh Gurjar Vs. State of MP

history and seven more criminal cases were registered against him

including two under Section 307 of IPC.

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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Gola Ka Mandir, District Gwalior on 1st of

every month during the pendency of the Trial. In case of bail jump

or non-appearance of the applicant before the police station as

directed by this Court, this order shall lose its effect.

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) Judge Abhi ABHISHEK CHATURVEDI 2022.01.24 15:53:15 +05'30'