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Madhya Pradesh High Court

Tehsildar Singh Gurjar vs The State Of Madhya Pradesh on 27 September, 2022

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          BEFORE
                                             HON'BLE SMT. JUSTICE SUNITA YADAV
                                                ON THE 27th OF SEPTEMBER, 2022

                                        MISC. CRIMINAL CASE No. 40493 of 2022

                                  BETWEEN:-
                                  TEHSILDAR    SINGH GURJAR     S/O LATE
                                  RAMAKHTYAR SINGH GURJAR, AGED ABOUT
                                  23 YEARS, VILLAGE JAHAR SINGH KA MAKAN
                                  PURA SAHRANA POLICE STATION CIVIL LINE
                                  (MADHYA PRADESH)

                                                                                          .....APPLICANT
                                  (BY MR. ANIL KUMAR MISHRA - ADVOCATE)

                                  AND
                                  THE STATE OF MADHYA PRADESH INCHARGE
                                  POLICE STATION THROUGH POLICE STATION
                                  CIVIL LINE (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                                  (MR. PURSHOTTAM TANWAR - PANEL LAWYER FOR THE
                                  RESPONDENT - STATE AND MR. ANAND PUROHIT - ADVOCATE
                                  FOR THE COMPLAINANT)

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

I.A. No. 15297 of 2022, application for ignoring the default, and I.A. No. 15298 of 2022, application for taking additional documents, are taken up, considered and allowed for the reasons mentioned therein.

The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail. First application was dismissed as withdrawn by order dated 1st of August, 2022 passed in MCRC No. 33137 of 2022.

T he applicant has been arrested by Police Station Civil Lines, District Signature Not Verified Morena (M.P.) in connection with Crime No. 246 of 2021 registered for the Signed by: ALOK KUMAR Signing time: 28-Sep-22 2:03:05 PM 2 offence punishable under Sections 307, 294 and 34 of IPC.

Allegation against the present applicant - accused is that he along with other co-accused persons armed with lathi and gun inflicted injuries upon Ramraja. Present applicant was having .12 bore gun and fired at Ramraja, who sustained injuries.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Present FIR is the counter-blast of the FIR lodged by the accused party at Crime No. 241 of 2021 for the offence under Sections 307, 147, 148, 149, 294 and 427 of IPC. In that case, present applicant got injured because he received a gunshot on his head. He has lost his left eye and is still under treatment. The applicant has been operated upon twice and is suffering from partial paralysis. MLC of the applicant was got done by the police and he was under treatment, therefore, the allegation that the applicant was absconding in this case is false. In support of his arguments, learned counsel for the applicant relied upon the medical report signed by the Superintendent, District Jail, Morena in which it is mentioned that the applicant has lost his left eye and got operated for the injury on his head. Further argument is that applicant is in custody since 15.6.2022. After conclusion of investigation, charge-sheet has been filed, therefore, custodial interrogation is not required anymore. Hence, looking to the medical condition, learned counsel for the applicant prays for grant of bail to the applicant.

On the other hand, learned State counsel as well as learned counsel for the complainant opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench;

5) The applicant will not seek unnecessary adjournments during the trial;

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if Signed by: ALOK KUMAR Signing time: 28-Sep-22 2:03:05 PM 4 possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 28-Sep-22 2:03:05 PM