Shubham @ Shivam vs The State Of Madhya Pradesh
2023 Latest Caselaw 8509 MP

                                                             1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 13 th OF JUNE, 2023
                                         MISC. CRIMINAL CASE No. 20779 of 2023

                          BETWEEN:-
                          SHUBHAM @ SHIVAM S/O SHRI VISHWANATH SINGH,
                          AGED ABOUT 26 YEARS, SHANTA BAG COLONY,
                          MORENA (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (SHRI DINESH SINGH TOMAR- ADVOCATE)

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

                                                                                      .....RESPONDENTS
                          (SHRI RAMADHAR CHOUBEY- PUBLIC PROSECUTOR)

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

Case Diary is perused.

Learned counsel for the rival parties are heard. This is second application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn by this Court by order dated 21.04.2023 passed in M.Cr.C. No.15678/2023.

T he applicant was arrested on 31.03.2023 by Police Station- Kotwali District-Morena (M.P.) in connection with crime No.325/2023 for the offence punishable under Sections307, 147, 148, 149, 294 of IPC.

Signature Not Verified In brief case of the prosecution is that 31.03.2023 at 4:40 pm complainant Signed by: YOGENDRA OJHA Signing time: 6/13/2023 5:47:37 PM

Bhupendra lodged an FIR with Police Station Kotwali District Morena against accused Dhruv Singh, Ashok, present applicant Shubham alias Shivam and others alleging that on 27.03.2023 civil court rendered judgment in their favour in a case pertaining to a plot. Thereafter on 31.03.2023 at 2 pm his brother Raju Sikarwar, Annu Sikarwar, Lavkush Sikarwar and Anil Gujar went for starting construction over the plot. At that time, present applicant and other co-accused having guns in their hand with common intention were sitting on the roof of the house of Girraj and Keshav. Al the accused persons told them that they will not allow them to construct on the plot. Thereafter from the roof of the house, accused Girraj with intention to kill fired on them. Bullet hit on right cheek of

Annu Sikarwar. Accused Dhurv fired on them. Bullet hit on the left side of the neck of accused Luvkush Sikarwar. Other accused person also started indiscriminate firing. On the report of 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 and he is the permanent resident of District- Morena (M.P.). 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 was registered by complainant Satyapal Singh Sikarwar against complainant Bhupendra Singh Sikarwar and his family members. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. In such premises, prayer for grant of bail is made.

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

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/13/2023 5:47:37 PM

Looking to the 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.25,000/- 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.25,000/- shall be forfeited without giving any notice.

Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/13/2023 5:47:37 PM