Sanju vs The State Of Madhya Pradesh
2023 Latest Caselaw 8174 MP

Citation : 2023 Latest Caselaw 8174 MP
Judgement Date : 1 June, 2023

Madhya Pradesh High Court

Sanju vs The State Of Madhya Pradesh on 1 June, 2023

Author: Deepak Kumar Agarwal

                                                          1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 1 st OF JUNE, 2023
                                       MISC. CRIMINAL CASE No. 22355 of 2023

                         BETWEEN:-
                         SANJU S/O SHRI MOHAR SINGH, AGED ABOUT 23
                         YEARS, OCCUPTION- AGRICULTURE, R/O VILLAGE
                         NARAYANPURA THANA RADHOGARH, DISTRICT GUNA
                         (MADHYA PRADESH)

                                                                                        .....APPLICANT
                         (BY SHRI RAVI DWIVEDI- ADVOCATE )

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION RADHOGARH DISTRICT GUNA (MADHYA
                         PRADESH)

                                                                                      .....RESPONDENT
                         (BY MISS KALPANA PARMAR- PANEL LAWYER )

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

The applicant has filed this first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.138 of 2023 registered at Police Station Raghogarh, District Guna for the offence punishable under Sections 307, 147, 148, 149, 452, 294, 323 and 506 of the Indian Penal Code.

The case of the prosecution in nutshell is that on 19.03.2023 the complainant Rahul had lodged a Dehati Nalishi against the present Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 6/2/2023 11:32:46 AM

applicant and nine other accused persons to the effect that he is running a hotel in the name of Rajhans and one B.S. Gurjar Hotel is situated adjacent to his hotel. One Bablu Gurjar is the owner of the said hotel. On 19.03.2023, Pitambra Bus and Bijason Bus stopped infront of the complainant's hotel. The staffs and passengers of the bus took meals. One of the passengers had gone to B.S. Gurjar's hotel to purchase Bidi Bandal and a dispute arose between him and Bablu Gurjar. After departure of the bus, they took dinner. At about 2 am, accused Shivraj Gurjar, the applicant, Sangram Singh Gurjar, Malkhan Singh, Govind Gurjar, Sanju Gurjar, Rahul

Gurjar, Raman Gurjar and Kalla Gurjar and one another person with common intention armed with Pharsi, Lathi, Lohangi and Danda hurling abuses entered into the Rajhans Hotel. Having seen them, the complainant party, ran towards field. At that time, accused Shivraj Gurjar with intention to kill assaulted Paramsukh Meena, father of the complainant with Pharsi on his head due to which he sustained head injury thereafter blood started oozing out. Govind Gurjar and Rahul Gurjar assaulted him with Lathi and Luhangi due to which he sustained injuries on his left hand elbow and waist. When Harbhajan Kevat came to save his father, accused Raman Gurjar assaulted him with Luhangi due to which he sustained injury on his left hand elbow and accused Sangram Gurjar assaulted him with Pharsi due to which he sustained injury on his waist. The co-accused Mohar Singh assaulted Manoj Meena with Lathi due to which he sustained injury on his hip and waist. Accused Malkhan Gurjar assaulted the complainant with Pharsi due to which he sustained injuries on his left hand and abdomen. On Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 6/2/2023 11:32:46 AM

his report, aforesaid offence was registered against the accused persons. Injured were sent for medical examination.

It is the submission of counsel for the applicant that this is the case of cross FIR whereby on behalf of applicant's side cross case has been registered vide crime No.140 of 2023. On minor pretext, dispute erupted and soon converted into free fight. Role of the applicant in the present case was not defined. He placed reliance upon the judgments rendered by the Hon'ble Apex court in the matters of Gajanand Vs. State of U.P. reported i n AIR 1954 SC 695, Munir Khan Vs. State of U.P. reported in AIR 1971 SC 335 and Puran Vs. State of Rjasthan reported in AIR 1976 SC 912 to submit that when both the parties involved in free fight, then individual act is to be seen. The applicant is ready to cooperate in the investigation/trial as well as to abide by any condition which may be imposed by this Court. Co-accused Mohar Singh has been granted bail vide order dated 18.05.2023 in MCRC No.19396/2023. Under these grounds, on the basis of parity counsel prayed for grant of anticipatory bail.

Per contra, learned Public Prosecutor for the respondent-State has opposed the bail application and prayed for its rejection.

Heard counsel for the parties and perused the case diary.

Considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, this Court deems it fit to grant anticipatory bail.

Accordingly, the instant application is allowed and it is directed that in the event of arrest, the applicant be released on bail on furnishing

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 6/2/2023 11:32:46 AM

personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3 . The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;