Madhya Pradesh High Court
Vipul @ Pintu Singh Gurjar vs The State Of Madhya Pradesh on 20 June, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 20th OF JUNE, 2022
MISCELLANEOUS CRIMINAL CASE NO.28340 OF 2022
Between:-
VIPUL @ PINTU SINGH GURJAR,
S/O SHRI ATIBAL SINGH GURJAR,
AGED - 27 YEARS, R/O
-KEDARPUR, SHIVPURI LINK
ROAD, LASHKAR, GWALIOR
(MADHYA PRADESH).
........APPLICANT
(BY SHRI ATUL GUPTA - ADVOCATE)
AND
STATE OF MADHYA PRADESH,
THROUGH POLICE STATION
KAMPOO, DISTRICT - GWALIOR
(MADHYA PRADESH).
........RESPONDENT
(BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR)
----------------------------------------------------------------------------------------
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. First application was dismissed as withdrawn by
order dated 2/5/2022 passed in M.Cr.C. No.21562/2022.
The applicant has been arrested on 1/4/2022 in connection with
Crime No.49/2022 registered at Police Station Kampoo, District Gwalior
for offence under Sections 341, 294, 327, 195A, 323, 506/34 & 329 of
IPC.
It is submitted by the counsel for the applicant that the applicant is
in jail from 1/4/2022. According to the prosecution case, on 6/2/2022,
when the complainant was returning back from Police Station Kampoo,
District Gwalior, he was waylaid by the applicant and other co-accused
persons. It is alleged that all the three accused persons started abusing
him filthily and threatened that in case if he gives the evidence against
them, then he will be killed. The applicant assaulted by an iron rod on his
right leg causing injury below the knee. Dilip assaulted on the palm of
his right hand by an iron rod as well as Bholu Gurjar assaulted on his left
leg as well as waist by iron rod. When his wife Arti Tomar came to rescue
him, then she too was abused. It is submitted that the applicant is in jail
for the last more than two and half months. 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. It is submitted that as per MLC, Rakesh Tomar had
sustained six contusions / swellings on different parts of hand, lumber
region as well as thigh / foot. As per x-ray report, the injured Rakesh
Tomar has suffered fracture of ulna bone and right forearm as well as
fracture of 2nd, 3rd and 4th metacarpal bone of right hand. The applicant
has a criminal history and as many as four more offences have been
registered against him, although it is admitted that in Crime No.520/2013
the applicant was acquitted.
Considering the fact that the applicant is alleged to have caused
injury on right leg of Rakesh Tomar and no fracture in the right leg of
Rakesh Tomar was found as well as considering the period of detention,
but 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 Kampoo, District Gwalior on 1 st 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
Arun*
ARUN KUMAR MISHRA
2022.06.21 14:39:16 +05'30'
