Madhya Pradesh High Court
Baliram vs The State Of Madhya Pradesh on 6 January, 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 6 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 62177 of 2022
BETWEEN:-
BALIRAM S/O SHRI LAL GURJAR, AGED ABOUT 33
YEARS, RESIDENT OF GRAM KHATIBADA TEH
RADHOGARH, DISTRICT GUNA (MADHYA PRADESH)
.....APPLICANT
(SHRI D. S. RAJAWAT- ADVOCATE FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION RADHOGARH
DISTRICT GUNA (MADHYA PRADESH)
.....RESPONDENT
( SHRI PRAMOD PACHORI - PUBLIC PROSECUTOR FOR THE
RESPONDENT- STATE AND SHRI GAGAN SHARMA- ADVOCATE FOR
THE COMPLAINANT)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant was arrested on 18-10-2022 by Police Station- Radhogarh District- Guna (M.P.) in connection with Crime No. 455/2022 for the offence punishable under Sections 147, 148, 149, 307, 294, 323, 506, 336 of IPC.
Prosecution stroy, in short, is that on 18.10.2022 complainant Mangal Singh lodged an FIR with Police Station Radhogarh District Guna against present applicant accused and 23 others that in the evening at 5:30 pm when he Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/6/2023 5:22:55 PM 2 alongwith his nephew Raju, Laxman and Veer Singh was sitting in the house, at that time, present applicant-accused alongwith 23 other persons having guns, Lathi, Pharsa and pistol with common intention came over there and due to previous enimity started abusing his nephew Raju. When they objected, accused Bundel and Rameshwar with intention to kill fired a shot on Raju. The pallets hit Raju on his forehead, right shoulder and ribs. Blood started oozing out. Mohar Singh also fired a shot. The pallets hit Dharmendra on his right hand elbow. Blood started oozing out. Thereafter Valiram, Keval Singh, Vinod Singh Gurjar and Pinnu alias Prem Singh Gurjar, Tinku, Rahul, Ranu Golar, Kiki @ Mangal Singh, Ballu, Vishal, Deepak, Veeru, Pradhuman,Gajraj Singh, Dhabbu, Yuvraj and Anil Gurjar committed marpeet with Lathi and danda. Dhapu Bai and Sanji Bai came to intervene the matter. Thereafter Mahendra, Mangal Singh and Preetam with intention to kill them fired on them. Nearby persons saw the incident. The accused persons after threatening of dire consequences, fled away from the scene. Crime No.455/2022 for the offence punishable under Sections 147, 148, 149, 307, 294, 323, 506, 336 of IPC was registered at Police Station Radhogarh District Guna against the accused persons. Injured were sent for medical examination. On examination, gunshot injury was found on the body of injured Dharmendra and Raju. Statements were recorded. Applicant-accused was arrested.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant is aged about 45 years. The allegation against the applicant is that he has assaulted the injured persons with Lathi/ danda. The allegation of using firearm is against accused Bundel, Rameshwar and Mohar Singh. The applicant is in custody since 18-10- Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/6/2023 5:22:55 PM 3 2022. Conclusion of trial will take time. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. It is further submitted that co-accused Ke Ke Gurjar alias Mangal Singh Gurjar has been enlarged on bail by this Court vide order dated 20th of December, 2022 passed in MCRC No. 58724 of 2022 and the case of present applicant is identical to that of co-accused Ke Ke Gurjar alias Mangal Singh Gurjar. With the aforesaid submissions, prayer for grant of bail is made.
Per contra, learned Public Prosecutor for the State as well as counsel for the complainant opposed the application and prayed for its rejection.
Looking to the facts and circumstances of the case, but without commenting on the 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 applicant furnishes a cash security of Rs.5,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of 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 any default, cash security of Rs.5,000/- shall be forfeited without giving any notice.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance. Certified copy/e-copy as per rules/direction.
(DEEPAK KUMAR AGARWAL) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/6/2023 5:22:55 PM 4 Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/6/2023 5:22:55 PM