Kallu Alias Kaliyan Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 7222 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 12th OF MAY, 2022

      MISCELLANEOUS CRIMINAL CASE NO.23901 OF 2022

       Between:-

       KALLU ALIAS KALIYAN SINGH
       GURJAR S/O SHRI BIRENDRA
       SINGH GURJAR, AGED: ABOUT 40
       YEARS,            OCCUPATION:
       AGRICULTURIST, R/O: VILLAGE
       JIYAJIPUR,   POLICE   STATION
       GOHAD,     PARAGNA     GOHAD,
       DISTRICT    BHIND    (MADHYA
       PRADESH)
                                                                ........APPLICANT

       (BY SHRI ANIL KUMAR MISHRA- ADVOCATE)

       AND

       STATE OF MADHYA PRADESH,
       THROUGH    POLICE  STATION
       GOHAD,    DISTRICT   BHIND
       (MADHYA PRADESH).

                                                             ........RESPONDENT

        (MS. KALPANA PARMAR - ADVOCATE FOR THE SATE
        AND SHRI SUSHIL GOSWAMI, ADVOCATE FOR
        COMPLAINANT)
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       This application coming on for hearing this day, the Court passed
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the following:
                                 ORDER

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dated 6/4/2022 passed in M.Cr.C. No.14031/2022.

The applicant has been arrested on 17/09/2020 in connection with Crime No.160/2020 registered at Police Station Gohad, District Bhind for offence under Sections 147, 148, 302, 307, 323, 294, 325/149 of IPC.

The previous bail application of the applicant was dismissed by order dated 6/4/2022 passed in M.Cr.C. No.14031/2022 primarily on the ground that the main accused Ashok Gurjar, who is the brother of the applicant, is still absconding and he has not surrendered in spite of the instructions given by Pairokar of the applicant. It is submitted that the applicant is in jail from 17/9/2020.

According to the prosecution case, the applicant along with other co-accused persons went to the field of the deceased Devendra and asked him to stop the agricultural activities. However, Devendra replied that he has purchased the said land from Ashok Thapak, then it is alleged that accused persons started abusing him. Ashok Gurjar, Ramvir Gurjar and the applicant started firing. Gunshot fired by Ashok Gurjar hit on the abdomen of Devendra, as a result, he died on the spot. It is further alleged that the applicant while running away ran over the tractor on the body of Ram Dulare.

It is submitted that no injury was found on the body of Ram Dulare, which could have been caused by running over of the tractor. He

is in jail for the last more than one year and eight months. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that it is the duty of the prosecution or the investigating agency to arrest the absconding accused and if they have failed to locate and arrest the co- accused Ashok Gurjar, then the applicant may not be made to suffer because of the lapses on the part of the prosecution.

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

In view of the fact that the allegation of causing gunshot injury is against Ashok Gurjar as well as the helplessness expressed by the applicant in ensuring arrest of the absconding accused Ashok Gurjar coupled with the failure on the part of the prosecution/investigating agency to arrest the absconding accused, this Court is of the considered opinion that the application can be allowed.

Accordingly, 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.

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.

(G.S. AHLUWALIA) JUDGE Arun* ARUN KUMAR MISHRA 2022.05.12 17:50:20 +05'30'