Manoj Gurjar vs The State Of Madhya Pradesh
2025 Latest Caselaw 4114 MP

Madhya Pradesh High Court

Manoj Gurjar vs The State Of Madhya Pradesh on 6 February, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

         NEUTRAL CITATION NO. 2025:MPHC-GWL:2454




                                                           1                            MCRC-4624-2025
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                         BEFORE
                                          HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                               ON THE 6 th OF FEBRUARY, 2025
                                           MISC. CRIMINAL CASE No. 4624 of 2025
                                                     MANOJ GURJAR
                                                         Versus
                                             THE STATE OF MADHYA PRADESH
                         Appearance:
                                 Shri Rajesh Kumar Shukla and Shri Kushagra Shukla - Advocate for

                         applicant.
                                 Shri Ajay Kumar Nirankari - Public Prosecutor for State.

                                                               ORDER

Case diar is available.

2. This first application under Section 439 of CrPC has been filed for grant of bail.

3 . The applicant has been arrested on 13.01.2025 in connection with Crime No.398/2024 registered at Police Station Morar, District Gwalior for offence under Sections 307, 34 of IPC.

4 . It is submitted by counsel for applicant that according to prosecution case, gun which was used by co-accused Sanjeev Mawai was lying in the car of applicant. There is no allegation of firing gunshot. Sanjeev Mawai and Ravi Baghel have already been granted bail by the Trial Court. The application filed by applicant has been rejected only on the ground of criminal antecedents. However, case of the applicant is better than that of

NEUTRAL CITATION NO. 2025:MPHC-GWL:2454

2 MCRC-4624-2025 Sanjeev Mawai because he had fired a gunshot. There is no such allegation against the applicant. Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. The applicant is ready and willing to abide by any condition which may be imposed by this Court 5 . Per contra, the application is vehemently opposed by counsel for State. It is submitted that gun was lying in the Swift Car of applicant which was used by co-accused Sanjeev Mawai. However, counsel for applicant has tried to distinguish the case of applicant on the basis of his criminal antecedents. It is submitted that eight criminal cases were registered against the applicant in the past.

6. Heard counsel for parties.

7. Considering the nature of allegations, coupled with the fact that co- accused persons have already been granted bail, but in the light of criminal antecedents, this Court is of considered opinion that applicant can be granted bail on the stringent conditions. Accordingly, the application is allowed. It is directed that on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court the applicant shall be released on bail. He shall appear before the Court on the dates given by the concerned Court.

8 . The applicant shall appear on first day of every month before Station House Officer, Police Station Morar, District Gwalior.

9. This order shall remain effective till the end of trial but in the case of bail jump, it shall become ineffective.

NEUTRAL CITATION NO. 2025:MPHC-GWL:2454

3 MCRC-4624-2025

10. In the light of judgment passed by Supreme Court in the case of XXX Vs. State of M.P. passed on 18.03.2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

C.C. as per rules.

(G. S. AHLUWALIA) JUDGE

Rashid