Dhruv vs The State Of Madhya Pradesh
2023 Latest Caselaw 10146 MP

                                 1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 4 th OF JULY, 2023
              MISC. CRIMINAL CASE No. 25714 of 2023

BETWEEN:-
DHRUV S/O GIRRAJ SINGH, AGED ABOUT 34 YEARS,
R/O SHANTA BAG COLONY,     DISTRICT MORENA
(MADHYA PRADESH)

                                                             .....APPLICANT
(SHRI DINESH SINGH TOMAR, LEARNED COUNSEL FOR THE
APPLICANT)

AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION KOTWALI,
DISTRICT MORENA (MADHYA PRADESH)

                                                           .....RESPONDENT
(SHRI PRAMOD PACHAURI- LEARNED COUNSEL FOR THE
RESPONDENT - STATE AND SHRI RAHUL BANSAL, LEARNED COUNSEL
FOR THE COMPLAINANT)

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

This first application u/S.439 Cr.P.C has been filed by applicant for grant of bail who has been arrested on 31-03-2023 in connection with Crime No. 325 of 2023 registered at Police Station Kotwali, District Morena for offence under Sections 307, 147, 148, 149, 294 of IPC.

In brief, prosecution case is that on 31.03.2023 at 4:40 pm complainant Bhupendra lodged an FIR with Police Station Kotwali District Morena against the present applicant- accused Dhruv Singh, co-accused Ashok, Shubham alias

Shivam and others alleging therein that on 27.03.2023, the civil court rendered a judgment in their favour in a case pertaining to the plot in dispute. Thereafter, on 31.03.2023 at around 2:00 pm, his brother Raju Sikarwar, Annu Sikarwar, Lavkush Sikarwar and Anil Gujar went for starting construction over the said plot. At that time, the present applicant and other co-accused persons having guns in their hands with common intention were sitting on the roof of house of Girraj and Keshav. All accused persons told them that they will not allow them to construct on the said plot. Thereafter, from the roof of house, co-accused Girraj with intention to kill fired on them due to which the bullet hit on the right cheek of Annu Sikarwar. Co-accused Dhruv also fired on them by which, the

bullet hit on the left side of the neck of Luvkush Sikarwar. Other accused persons also started indiscriminate firing. On the report of the complainant, aforesaid crime was registered against accused persons. Injured were sent for medical examination.

Learned counsel for the applicant submits that present applicant is innocent and he has been falsely implicated in the case. The applicant is in custody since 31.03.2023. There is no likelihood of his absconsion or tampering with the prosecution evidence. It is further submitted that in regard to same incident, a cross-case has been registered by accused party i.e. Satyapal Singh Sikarwar regarding the same incident at the same Police Station i.e. Crime No.333 of 2023 against the complainant party, i.e. Bhupendra Singh Sikarwar and his family members for offence under Sections 308, 294, 147, 148, 149 of IPC. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. It is further submitted that co-accused Shubham alias Shivam has already been given the benefit of bail by this Court vide order dated 13th of June, 2023 passed in MCRC 20779 of 2023. Hence,

prayed for grant of bail to the applicant.

Learned counsel for the State as well as complainant vehemently opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash security of Rs.10,000/- with a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.10,000/- shall be forfeited without giving any notice.

Application stands allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

MAHENDRA BARIK 2023.07.04 18:43:16 +05'30'