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Madhya Pradesh High Court

Vijay Kumar Baghel @ Brajesh vs The State Of Madhya Pradesh on 23 February, 2023

Author: Atul Sreedharan

Bench: Atul Sreedharan

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      BEFORE
                                       HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                                              ON THE 23 rd OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 8903 of 2023

                          BETWEEN:-
                          VIJAY KUMAR BAGHEL @ BRAJESH S/O SH.
                          SOBHARAM BAGHEL, AGED ABOUT 31 YEARS, VILLAGE
                          AROLI, POST AND POLICE STATION HASTHINAPUR,
                          GWALIOR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY MR. J.P. KUSHWAH - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION HASTINAPUR,
                          GWALIOR (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY MR. LOKENDRA SHRIVASTAVA - PUBLIC PROSECUTOR)

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

T his firs t application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant in connection with Crime No.72/2022, for the offence punishable under Sections 294, 323, 336, 427, 147, 148, 506(II) of IPC and amendment Sections 307 and 201 of IPC registered at Police Station Hastinapur, District Gwalior.

At the very outset, learned counsel for the applicant has placed before this Court the order dated 17.01.2023 passed in M.Cr.C.No.61812/2022, where the co-accused Pinkal Baghel was granted the benefit of regular bail. This Signature Not Verified Signed by: BARKHA SHARMA Signing time: 23-Feb-23 2:44:03 PM 2 application is an application for anticipatory bail and therefore, has been opposed by the learned counsel for the State, on the ground that the question of parity will not apply. However, upon going through the said order, which is elaborate and records the facts of the case, it appears that the allegation under Section 307 of IPC was against a co-accused who is alleged to have fired a gun at the injured person, on account of which pallet injuries on the lower extremities of the foot had resulted on one of the victim. Admittedly, the applicant is not the person who fired the gun. Besides, the said order also records that the MLC and doctor query does not state that the injury caused to the injured victim was either grievous or dangerous to life. Under the circumstances, learned counsel for the applicant submits that at once it looks that the nature of offences that could be registered on the basis of firing of gun is an offence under Section 324 of IPC. Said order also records the fact that the case against the applicant and other co-accused persons is counter-blast as two FIRs were registered on the same day and the FIR by the applicant's side preceded the FIR by the complainant.

Be that as it may, in view of the reasons given in the order dated 17.01.2023 in M.Cr.C.No.61812/2022, looking at the diminish role of the applicant herein and elaborate reasons given in that order, the application for anticipatory bail is allowed.

It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.

Certified copy as per rules.

(ATUL SREEDHARAN) JUDGE bj/-