Madhya Pradesh High Court
Lalaram Khare vs The State Of Madhya Pradesh on 17 February, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:3348
1 CRA-706-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 17th OF FEBRUARY, 2025
CRIMINAL APPEAL No. 706 of 2025
LALARAM KHARE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Brajesh Kumar Tyagi - Advocate for the applicant.
Shri Harish Sharma - Public Prosecutor for respondent No.1/State.
Shri Jagdish Singh Kushwah - Advocate for respondent No.2.
ORDER
1. This criminal appeal (fourth) under Section 14-A(2) of the
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has
been filed against the order dated 20.12.2024 passed by Special Judge
(Atrocities) Gwalior in Bail Application No.3326/2024 whereby the
application moved by the appellant for grant of bail under Section 483 of
BNS in connection with Crime No.503/2023 registered at Police Station
Gwalior District Gwalior for the offences punishable under Sections 307,
336, 324, 323, 294, 506, 147, 148, 149, 120-B of IPC and Sections 3(1)(r)(s),
3(2)(v), 3(2)(va) of the SC/ST Act and Sections 25-b, 25 of the Arms Act.
2. Allegation against the applicant is that he caused injury by means
SignatureofNot
butt of gun over right eye of the complainant and also fired in the air.
Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 18-02-2025
10:26:18 AM
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3. Learned counsel for the appellant submits that appellant is
innocent and has been falsely implicated in the case. The third appeal of the
appellant for bail was dismissed as withdrawn vide order dated 6.11.2024
passed in Criminal Appeal No.11921/2024 with liberty to file afresh after the
examination of injured Vinod. Thereafter, appellant preferred
M.Cr.C.No.52372/2024 for bail, but that has been disposed of vide order
dated 18.12.2024 with direction to file Criminal Appeal. Injured Vinod has
been examined before the trial Court on 09.01.2024 and his cross-
examination has been conducted on 22.01.2025, copy of the statement has
been filed along with this application. It is also submitted that in the FIR it is
stated that present appellant has caused injury by means of butt of gun over
right eye, but in the statement injured Vinod (PW-1) has stated that present
appellant has caused injury by the butt of gun on the 'head' and there was no
injury found near right eye in the medical examination. It is also submitted
that injured Vinod (PW-1) has admitted that present appellant has fired
gunshot 'in the air'. It is further submitted that co-accused Gautam Kamriya
and Gagan @ Gajendra Kamriya, who have caused injury to the
complainant/injured by means of Lathi and Sariya, have been released on
bail by this Court vide order dated 03.10.2024 and 22.10.2024 passed in
Criminal Appeal Nos.9507/2024 and 11556/2024 respectively and the
appellant has parity with the aforesaid co-accused. As regards criminal
antecedents, as many as four cases have been registered against the
appellant, out of which in one case he has been acquitted, copy of the
judgment is on record and other cases are pending in which he is on bail. He
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is ready and willing to abide by all the terms and conditions which may be
imposed by this Court. Conclusion of trial will take time. On these grounds,
learned counsel prays for grant of bail to the appellant.
4 Per contra, learned counsel for the State as well as learned counsel
for the complainant opposed the bail application and prayed that the instant
appeal for grant of bail to the present appellant may be dismissed. However,
they fairly conceded the fact of parity.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the attending facts and circumstances of the case and
that similarly situated co-accused have been released on bail, but without
expressing any opinion on merits of the case, this appeal is allowed by
setting aside the order dated 20.12.2024 passed by Special Judge
(Atrocities) Gwalior in Bail Application 3326/2024 with certain stringent
conditions and it is directed that the appellant be released on bail on
furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac
Only) with one solvent surety in the like amount to the satisfaction of the
trial Court.
7. This order will remain operative subject to compliance of the
following conditions by the appellant:-
i) The appellant will comply with all the terms and
conditions of the bond executed by him;
ii) The appellant will co-operate in the investigation/trial, as
SOODAN PRASAD the case may be;
Signing time: 18-02-2025
10:26:18 AM
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iii) The appellant will not indulge himself in extending
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade them from disclosing such facts
to the Court or to the Police Officer, as the case may be;
iv) The appellant will not commit any other offence or will
not repeat the offence in future. In case, if he is found involving in
the offence of the same nature, this bail order shall stand cancelled
automatically without further reference to the Bench.
v) The appellant will not seek unnecessary adjournments
during the trial; and
vi) The appellant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case may
be; and
vii) The appellant shall appear before the concerned police
Station once in every fortnight till conclusion of trial.
8. Copy of this order be sent to the trial Court concerned for
compliance.
C.C. per rules.
(RAJENDRA KUMAR VANI)
JUDGE
ms/-
