Madhya Pradesh High Court
Aram Singh Gurjar vs The State Of Madhya Pradesh on 10 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:43758
1 MCRC-35581-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 10th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 35581 of 2025
SURAJ SINGH GURJAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sankalp Kochar - Advocate for the applicant.
Shri C.M. Tiwari - Government Advocate for the respondent/State.
Shri Janak Lal Soni - Advocate for the objector.
WITH
MISC. CRIMINAL CASE No. 35577 of 2025
ARAM SINGH GURJAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sankalp Kochar - Advocate for the applicant.
Shri C.M. Tiwari - Government Advocate for the respondent/State.
Shri Janak Lal Soni - Advocate for the objector.
ORDER
This is the second application filed by the applicant Suraj Singh Gurjar
and first application filed by applicant Aram Singh Gurjar under Section 483
of B.N.S.S. for grant of regular bail relating to Crime No.149/2024 registered
at Police Station - Nazirabad, District - Bhopal (M.P.) for commission of
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offence punishable under Sections 147, 148, 149, 294, 302, 323, 324, 326,
506 of IPC. Applicants are in detention since 16.05.2024 & 14.05.2024
respectively.
The first application of applicant Suraj Singh Gurjar was dismissed as
withdrawn vide order dated 22.10.2024 passed in MCRC. No.44174/2024.
2. As per the prosecution story, the allegation against the applicants is
that they along with co-accused persons has assaulted the complainant party
and due to assault various persons sustained injuries and two persons have
died. Therefore, offence was registered against the applicants and co-accused
persons under aforesaid sections.
3. Learned senior counsel for the applicants submits that applicants
are innocent and have been falsely implicated in this case. They are in
custody since 16.05.2024 & 14.05.2024. It is submitted that present
applicants have not caused injury to the deceased. The only allegation
against them is that they caused injury to injured Raju, which is not
supported by medical evidence. It is further submitted that five persons
received grievous, which was caused by opposite side for which Crime
No.150/2024 has been registered in P.S. Najirabad, Bhopal. It is submitted
that this is a case of free fight. Present applicants have not caused injury to
the deceased. In the case of free fight, each and every person is responsible
for his own act. In support of this submission, learned counsel has placed
reliance on the decision Apex Court in Gurmit Singh vs. State of Punjab
(1995) AIR (SCW) 4114 and decision of Division Bench of this Court in
Madhav Paw & Ors. vs. State of M.P. passed on 13.03.2023 . In view of the
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aforesaid, it has been prayed that the applicants may be released on bail.
4. On the other hand, learned counsel for objector and State have
opposed the grant of bail to the applicants and submitted that the applicants
alongwith other co-accused persons made a group and went to the spot
armed with deadly weapons. They assaulted the complainant party in which
two persons namely Jaswant Gurjar and Ranglal died and eight persons have
received injuries. Therefore, he prays for dismissal of this bail application.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering all the facts and circumstances of the case, arguments
advanced by counsel for the parties, nature and gravity of allegation as also
taking note of the fact that applicants have participated in the incident
actively and played an important role while committing the crime, therefore,
it cannot be said that the role of the applicants is limited and then they should
be provided special treatment in the eyes of law.
7. While considering the bail application, the Court has to consider the
whole aspect of the case as well as the entire factual scenario in which the
offence has been happened. The applicants alongwith other co-accused have
assaulted on the complainant party, due to which two persons expired and
eight persons have received injuries. Therefore, at this stage, specific act of
the applicant or co-accused cannot be ascertained.
8. At the stage of consideration of bail, detailed marshalling of the
prosecution witnesses is not permissible as per the judgment of Hon'ble
Supreme Court in the case of Satish Jaggi Vs. State of Chattisgarh & Ors.
(Cr.A.No.651/2007) decided on 30/07/2007 , wherein it has been held as
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under:-
"At the stage of granting of bail, the Court can only go into the
question of prima facie case established for granting bail. It cannot go
into the question of credibility and reliability of the witnesses put up
by the prosecution. The question of credibility and reliability of
prosecution witnesses can only be tested during the trial."
10. As per the law laid down by the Hon'ble Supreme
Court in Satish Jaggi (supra), this Court can only go into the
question of the prima facie case established for granting bail. At
the stage of consideration of bail, this Court cannot go into the
question of credibility and reliability of the witnesses put up by
the prosecution.
9. So far as the the decision of Apex Court in the case of Gurmit
Singh (supra) as well as the Division Bench of this Court in Madhav Paw
(supra) are concerned, the Hon'ble Apex Court as well as Division Bench of
this Court were dealing the criminal appeals wherein the respective accused
persons were already convicted and the appreciation of the evidence had
already completed by respective Courts below, whereas, the case at hand, is
at very initial stage and this Court is only considering the bail application of
the accused not the Appeal against conviction. Therefore, the stage as well as
the status for consideration of such cited law are totally different, hence, no
benefit can be granted to the applicants based on such citations while dealing
this bail application.
10. Looking to aforesaid facts and circumstances of the case as well as
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seriousness of the offence, I am not inclined to grant bail to the applicant.
11. Accordingly, present MCRC stands dismissed.
(PRAMOD KUMAR AGRAWAL)
JUDGE
mohsin
