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Madhya Pradesh High Court

Malkhan Singh Gurjar vs The State Of Madhya Pradesh on 24 March, 2023

Author: Deepak Kumar Agarwal

Bench: Deepak Kumar Agarwal

                                                      1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 24 th OF MARCH, 2023
                                   MISC. CRIMINAL CASE No. 11798 of 2023

               BETWEEN:-
               MALKHAN SINGH GURJAR S/O SHRI HARIVILAS
               GURJAR, AGED ABOUT 36 YEARS, OCCUPATION:
               LABOURER R/O VILLAGE BEECH KA PURA AROLI
               TEHSIL AMBAH DISTT. MORENA (MADHYA PRADESH)

                                                                                  .....APPLICANT
               (NONE FOR THE APPLICANT )

               AND
               THE STATE OF MADHYA PRADESH THROUGH POLICE
               STATION DIMNI DISTT. MORENA (MADHYA PRADESH)

                                                                               .....RESPONDENT
               (NONE FOR THE RESPONDENT )

                           This application coming on for hearing this day, the court passed the
               following:
                                                       ORDER

Lawyers are abstaining from the court work.

Perused the case diary.

This is 1st bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.

Applicant has been arrested on 30.11.2022 by police Station, Dimni, Distt. Morena, in connection with crime No.203/2009 for the offence punishable under Sections 307, 147, 148, 149 of IPC and Sections 11/13 of the MPDVPK Signature Not Verified Signed by: MADHU SOODAN PRASAD Act. Signing time: 24-03-2023 05:16:35 PM 2 Prosecution case in brief is that on 8.11.2009 Superintendent of Police, Morena, got an information that dacoit Rajvir Gurjar after kidnapping Vijay Kushwah and Swatantra Sharma demanding ransom and the gang of dacoit is hiding at Bagheshwari Mata Mandir and rugged of Chambal river. Under the directions of Superintendent of Police 3-4 teams of police force were constituted and police force searched the place. After listening the sound of dacoits, police party tried to surround them, but dacoits started firing on police party. Police party also in defence fired on them. After some time when firing was stopped, during search, police force found two persons, namely Vijay Kushwah and Swatantra Sharma who disclosed that Rajbir Gurar, Chhotu Chauhan, Sikkho Gujrar and two other unknown accused abducted them and fired on police party. Thereafter, crime for the aforesaid offence was registered. Earlier applicant was formally arrested. Thereafter he was released on bail, but as he could not appear before the Court, he was again arrested. After investigation, charge-sheet has been filed.

Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.25,000/- alongwith bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-