Indrabhan Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 13777 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                         ON THE 18th OF OCTOBER, 2022

        MISCELLANEOUS CRIMINAL CASE No. 49013 of 2022

         BETWEEN:-
         INDRABHAN SINGH GURJAR S/O SHRI DURGA
         GURJAR, AGED 50 YEARS, OCCUPATION:
         KRISHI, R/O GRAM KASWANAGAR CHILIPURA
         THANA DANGBASAI, DISTRICT DHOLPUR
         (RAJASTHAN)

                                                              .....APPLICANT
         (BY SHRI RAMESHWAR RAWAT - ADVOCATE)

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

                                                            .....RESPONDENT
         (BY SHRI C.P. SINGH - PANEL LAWYER)

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

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 11.06.2022 in connection with Crime No.07/2020 registered at Police Station Bamhari, District Shivpuri for offence under Sections 327, 294, 323, 147, 148, 149, 395 of IPC, under Section 11/13 of MPDVPK Act and under Section 25, 27 of the Arms Act.

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

prosecution case, some unidentified persons waylaid the complainant and demanded money for purchasing liquor as well as chicken on the ground that the complainant is operating a mine. When the complainant refused to do so, then one person slapped Lallu Gurjar and also assaulted on the leg of the complainant. It was also mentioned in the FIR that the miscreants are not known to the complainant. It is submitted that after the arrest, the applicant was put for identification parade but he has not been identified. Although the incident took place on 4.10.2020 and the applicant was arrested on 11.6.2022 i.e. after more than two years but he was not identified in Test Identification Parade as well as in absence of recovery of any incriminating article, no

substantive evidence is available against the applicant. In view of his criminal antecedents, the applicant is ready and willing to abide by any stringent condition which may be imposed by the Court. 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 many as six more criminal cases have been registered against the applicant including one under Section 307 of IPC.

Considering the facts and circumstances of the case, period of detention 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Bamhari, District Shivpuri on 1st and 15th 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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.10.18 15:06:53 +05'30'