Madhya Pradesh High Court
Ballan Alias Lallan Rajawat vs The State Of Madhya Pradesh on 27 February, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:4187
1 MCRC-2631-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 27th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 2631 of 2025
BALLAN ALIAS LALLAN RAJAWAT AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rajesh Kumar Shukla, Advocate for the applicants.
Shri Mohit Shivhare, Public Prosecutor for respondent/State.
ORDER
Case Diary is available.
2. This is the first application filed by the applicant under Section 483
of BNSS, 2023 for grant of regular bail.
3. The applicant has been arrested on 04.01.2025 in connection with
Crime No.71/2021 registered at Police Station Barason, District Bhind for
offence under Sections 307, 294, 323, 506 and 34 of IPC, added with Section
25/27 of Arms Act.
4. As per the prosecution story, on 15.10.2021 when complainant
Ashok Baghel was sowing muster seeds in the field of Siddharth Kushwaha
by using his tractor at about 06:00 PM and his younger brother Mukesh was
sitting on the road side, at that time, present applicant along with other co-
accused persons reached there. Co-accused Shani Rajawat with intention to
kill fired the complainant with a firearm. Bullet stuck on the right side of his
NEUTRAL CITATION NO. 2025:MPHC-GWL:4187
2 MCRC-2631-2025
back near waist and caused injury and other co-accused persons started filthy
language. On hearing cries, Mukesh came there and on seeing Mukesh,
accused persons threatened to kill him and fled away from the
spot. Accordingly, offence has been registered against the present applicants.
5. Learned counsel for the applicants contended that the applicants are
innocent persons. They are in custody since 04.01.2025. Co-accused Shani
has been acquitted by the Trial Court vide judgment dated 20.03.2024 passed
in S.T. No.52/2022. Complainant Ashok (PW-1) did not state anything
against him. Other witnesses also deposed in the same manner, therefore,
there is no evidence available on record against the applicants. They are the
permanent residents of District Bhind and there is no likelihood of their
absconsion. Final conclusion of trial will take some time. Hence, he prays
that applicants may be released on bail.
6. Per contra, learned Public Prosecutor for respondent/State opposes
the bail application and prays for its rejection by submitting that both the
applicants remained absconding for a period of about 4 years and they will
again abscond, if they will be released on bail, therefore, they are not entitled
for bail.
7. Both the parties heard at length and perused the case diary with due
care.
8. Co-accused Shani has been acquitted by the Trial Court for all the
offences vide judgment dated 20.03.2024 passed in S.T. No.52/2022 and the
applicants are also made accused in the same manner and complainant
Ashok Baghel (PW-1) categorically stated that when he was sowing muster
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seeds in the field of Siddharth Kushwaha, at that time suddenly, fire has been
made which hit on left side of his shoulder and he has turned hostile, but he
denied that the applicants were present there and they have made active
participation in the matter. Other witnesses also have not been deposed
against the applicant.
9. In view of the aforesaid facts and circumstances of the case,
arguments advanced by counsel for the parties, I deem it proper to release the
applicants on bail. Accordingly, without commenting on the merits of the
case, the application is allowed. It is directed that the applicants be released
on bail upon furnishing a personal bond in the sum of Rs.75,000/- (Rupees
Seventy Five Thousand Only) with one solvent surety in the like amount
each to the satisfaction of the trial Court for their appearance before the trial
Court, as and when required. They shall abide by the conditions enumerated
u/S. 437(3) Cr.P.C/480(3) of BNSS.
C.C. as per rules.
(ANIL VERMA)
JUDGE
Abhi
