Ramu Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 7872 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 15th OF JUNE, 2022

               MISC. CRIMINAL CASE No. 25176 of 2022

        Between:-
        RAMU GURJAR S/O SURAJBHAN GURJAR,
        AGED - 28 YEARS, OCCUPATION: LABOUR, R/O
        GRAM      GIRGAON,     POLICE    STATION
        MAHARAJPURA,       DISTRICT     GWALIOR
        (MADHYA PRADESH)

                                                                  .....APPLICANT
        (BY SHRI PRASOON MAHESHWARI-ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION DEHAT SHIVPURI, DISTRICT
        SHIVPURI (MADHYA PRADESH)

                                                               .....RESPONDENT
        (BY SHRI A.K.NIRANKARI-ADVOCATE)

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

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 04.04.2022 passed in M.Cr.C. No.16527/2022 as withdrawn.

The applicant has been arrested on 14.03.2022 in connection with Crime No.59/2022 registered at Police Station Dehat Shivpuri Distt. Shivpuri for offence under Sections 420, 379, 328 of IPC.

It is submitted by the counsel for the applicant that this repeat application

has been filed for grant of bail. The first application was dismissed by order dated 04.04.2022 passed in M.Cr.C. No.16527/2022 as withdrawn with liberty to revive the prayer after the charge-sheet is filed. It is submitted that police after completing the investigation has filed the charge-sheet. It is submitted that according to the prosecution case, complainant left his house along-with his tractor fitted with cutter machine, motor cycle, for harvesting the crop. When he reached near Shivpuri padora square, one person came on a motor cycle and informed that his crop is standing in his field which is at a distance of 20 kms and asked the complainant as to whether he would cut the same or not. He also informed that since he is hungry, therefore, they will go for the same after

having some meals. Before the complainant and miscreant could reach to hotel, one companion of the accused came on a motor cycle with food in a polythene bag and accused informed the complainant that his uncle has brought the food, and therefore, they can have the same. It is alleged that after eating the food, the complainant slept. When he woke up, he found that his tractor, machine, motor cycle and mobile were not there. It is submitted by counsel for applicant that it is true that all the articles have been seized from his possession, but he is in jail from 14.03.2022 i.e. more than three months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State. It is submitted that applicant has a criminal history and two offences under Sections 25, 27 of Arms Act have been registered against him.

Heard the learned counsel for the parties.

Considering the period of detention and nature of allegations 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 of Rs.1,00,000/-(Rupees One Lac 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rule.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.06.15 17:55:57 +05'30'