Madhya Pradesh High Court
Moharsingh vs The State Of Madhya Pradesh on 18 May, 2023
Author: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA
PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 18 th OF MAY, 2023
MISCELLANEOUS CRIMINAL CASE No. 19396 of 2023
BETWEEN:-
MOHARSINGH S/O SURAJLAL, AGED ABOUT 50
YEARS, OCCUPATION AGRICULTURE, RESIDENT
OF NARAYANPURA, POLICE STATION
RAGHOGARH, DISTRICT GUNA (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI RAVI DWIVEDI - ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION RAGHOGARH, DISTRICT GUNA
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI K.S. TOMAR - PUBLIC PROSECUTOR FOR STATE)
T h is application coming on for admission this day, t h e 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,
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Signed by: PAWAN KUMAR
Signing time: 19-05-2023
02:08:28 PM
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
applicant and nine other accused persons to the effect that he is
running a hotel in the name of Rajhans and one B.S. Gurajar 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
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Signed by: PAWAN KUMAR
Signing time: 19-05-2023
02:08:28 PM
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 applicant assaulted Manoj Meena with Lathi due to
which he sustained injury on his hip and waist. Accused Malkhan
Gurjar assaulted the complainant with Pharsi d u e to which he
sustained injuries on his left hand and abdomen. On 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 was
confined to inflicting lathi blow to the person in which Manoj Meena
sustained injury on his hip and waist. He placed reliance upon the
judgments rendered by the Hon'ble Apex court in the matters of
Gajanand Vs. State of U.P. reported in 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.
Under these grounds, counsel prayed for grant of anticipatory bail.
Per contra, learned Public Prosecutor for the respondent-State
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Signed by: PAWAN KUMAR
Signing time: 19-05-2023
02:08:28 PM
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 allowe d and it is
directed that in the event of arrest, the applicant be released on bail
on furnishing 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;
5. The applicant will not seek unnecessary
adjournments during the trial; and
6. The applicant will not leave India without previous
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Signed by: PAWAN KUMAR
Signing time: 19-05-2023
02:08:28 PM
permission of the trial Court/Investigating Officer, as
the case may be.
A copy of this order be sent to the trial court concerned for
compliance.
(MILIND RAMESH PHADKE)
V. JUDGE
pwn*
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 19-05-2023
02:08:28 PM
