Madhya Pradesh High Court
Krishna vs The State Of Madhya Pradesh on 22 December, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 22 nd OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 50146 of 2023
BETWEEN:-
KRISHNA S/O SHRI SULTAN SINGH GURJAR, AGED
ABOUT 29 YEARS, OCCUPATION: AGRICULTURIST R/O
VILLAGE HOLA KA PURA, P.S. SARAY CHHOLA,
DISTRICT MORENA (MADHYA PRADESH)
.....APPLICANT
(SHRI ASHA RAM SHIVHARE - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION CIVIL LINES
DISTRICT MORENA (MADHYA PRADESH)
.....RESPONDENT
(SHRI RAJENDRA SINGH YADAV - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
I.A. No.23433 of 2023, application moved on behalf of the complainant
for taking documents on record is considered and allowed and the documents
appended with the application are taken on record.
This first bail application has been filed by applicant under section 439 of
the Code of Criminal Procedure, 1973 for grant of bail in connection with
Crime No.823/2017 registered at Police Station- Civil Line, District Morena
(M.P.) for offence punishable under Sections 307, 353, 332, 294, 186, 147,
148, 149 of IPC and Section 25 of Arms Act.
A s per the case of prosecution, ASI Ramveer Singh PS - Civil Line,
Morena reported that during mobile patrolling, he received information that
unknown persons armed with firearms are blocking the road. He reached near
Sikraoda Canal, unknown persons started manhandling him. He sustained
injuries on his chest and legs. Meanwhile, police force arrived on his intimation.
The unknown persons started firing with firearms. They saved their lives by
hiding behind the trucks and other vehicles. In the light near National Highway
Bridge, Dharmendra Gurjar, Krishna Gurjar (applicant), Jitendra Gurjar and
Badshah were identified as the person in the mob. On such allegations, PS -
Civil Line registered FIR at Crime No.823/2017 for offence punishable under
Sections 307, 353, 332, 294, 186, 147, 148, 149 of IPC. ASI Ramveer Singh
was forwarded for medico legal examination. Two contusions and one
abrasion was found on his chest and leg. Statements of witnesses have been
recorded. As the applicant Krishna Gurjar was absconding, Final Report was
submitted against other co-accused. Applicant was arrested on 19.10.2023, in
compliance with the permanent warrant of arrest. He is in custody ever since.
Learned Counsel for the applicant, in addition to the grounds mentioned
in the application, submits that applicant is falsely implicated in this matter. No
life threatening injury was caused to any person. Learned counsel referring to
judgment dated 04.12.2023 passed in ST No.95/2019 by IInd Additional
Sessions Judge, Morena submits that co-accused have been acquitted. ASI
Ramveer Singh deposed that he could not identify any assailants. Learned
counsel further submits that applicant was not aware of the prosecution,
therefore, he could not remain present before the Trial Court. There is no
lieklihood of tampering with the evidence by the applicant as most of the
witnesses relate to Police Department. Applicant is aged 29 years. He is an
agriculturist by profession. There is no likelihood of his absconsion leaving
behind his family and agricultural field. He is a sole bread earner in the family.
No further custodial interrogation is required in the matter. Jail incarceration on
false allegation is causing great hardship to the applicant. The trial would take
time to complete. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application
citing criminal history of eight cases against the applicant.
In reply, learned counsel for the applicant submits that applicant has been
released on bail in all matters. Other cases are pending for trial. He has never
been convicted.
Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall
circumstances of the case but without commenting on merits of the case, this
Court is inclined to release the applicant on bail. Thus, the application is
allowed.
Accordingly, it is directed that the applicant Krishna Gurjar shall be
released on bail in connection with Crime No.823/2017 registered at Police
Station- Civil Line, District Morena (M.P.) for offence punishable under
Sections 307, 353, 332, 294, 186, 147, 148, 149 of IPC and Section 25 of Arms
Act, upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lac Only) with two local solvent sureties of Rs. 50,000/- each to the
satisfaction of the Trial Court, for compliance with the following conditions, :
1. The applicant shall remain present on every date of hearing as may
be directed by the concerned Court;
2. The applicant shall not commit or get involved in any offence of
similar nature;
3. The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade them/him/her from disclosing such facts to the Court or to the
investigating officer;
4. The applicant shall not directly or indirectly attempt to tamper with
the evidence or allure, pressurize or threaten the witness;
5. The applicant shall ensure due compliance of provisions of Section
309 of Cr.P.C regarding examination of witness in attendance;
This order shall be effective till the end of trial. However, in case of breach
of any of the pre-condition of bail, it shall become ineffective without reference
to the Court.
CC as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Vijay
