Madhya Pradesh High Court
MCRC/54670/2023 of RAM LAKHAN GURJAR Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 54670 of 2023
BETWEEN:-
1.RAM LAKHAN GURJAR S/O SHRI BAHADURSINGH GURJAR, AGED 30 YEARS, R/O GRAMVIJAYPUR GRAM MAADIYAKHEDI JAMNERGUNA DISTRICT GUNA (MADHYA PRADESH)SINGH GURJAR, AGED 30 YEARS, R/O GRAMVIJAYPUR GRAM MAADIYAKHEDI JAMNERGUNA DISTRICT GUNA (MADHYA PRADESH)
2.BANWARI GURJAR S/O SHRI AMAR SINGHGURJAR, AGED 29 YEARS, R/O GRAMVIJAYPUR, TEHSIL MAKSUDANGARHDISTRICT GUNA (MADHYA PRADESH)GURJAR, AGED 29 YEARS, R/O GRAMVIJAYPUR, TEHSIL MAKSUDANGARHDISTRICT GUNA (MADHYA PRADESH)3.HUKUM SINGH S/O SHRI MISHRI LALGURJAR, AGED 44 YEARS, R/O GRAMVIJAYPUR, TEHSIL MAKSUDANGARHDISTRICT GUNA (MADHYA PRADESH)GURJAR, AGED 44 YEARS, R/O GRAMVIJAYPUR, TEHSIL MAKSUDANGARHDISTRICT GUNA (MADHYA PRADESH)
4.NEPAL SINGH S/O SHRI MISHRI LALGURJAR, AGED 35 YEARS, R/O GRAMVIJAYPUR, TEHSIL MAKSUDANGARHDISTRICT GUNA (MADHYA PRADESH)GURJAR, AGED 35 YEARS, R/O GRAMVIJAYPUR, TEHSIL MAKSUDANGARHDISTRICT GUNA (MADHYA PRADESH)
5.VIJAY SINGH S/O SHRI AMAR SINGHGURJAR, AGED 44 YEARS, GRAM VIJAYPUR,TEHSIL MAKSUDANGARH DISTRICT GUNA(MADHYA PRADESH)GURJAR, AGED 44 YEARS, GRAM VIJAYPUR,TEHSIL MAKSUDANGARH DISTRICT GUNA(MADHYA PRADESH)
6.BAHADUR SINGH S/O SHRI AMAR SINGHGURJAR, AGED 62 YEARS, GRAM VIJAYPUR,TEHSIL MAKSUDANGARH DISTRICT GUNA(MADHYA PRADESH)
(BY SHRI D.S. RAJAWAT - ADVOCATE)
.....APPLICANTS
AND
(BY SHRI A.K. NIRANKARI- PUBLIC PROSECUTOR)
.....RESPONDENT
This application coming on for hearing this day, the court passed the following:
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ORDER
2. This first application under Section 438 of Cr.P.C. has been filedfor grant of anticipatory bail.
3. Applicants are apprehending their arrest in connection with CrimeNo.314/2023 registered at Police Station- Jamner District, Guna foroffence under Sections 294, 323, 324, 506, 147, 148, 149 of IPC andadded Section 326 of IPC.
4. At the outset, counsel for the applicants seeks permission of thisCourt to withdraw this application filed on behalf of applicant No. 3 -Hukum Singh and applicant No. 6 - Bahadur Singh.
5. Accordingly, this application is dismissed as withdrawn filed onbehalf of applicant No. 3 - Hukum Singh and applicant No. 6 -Bahadur Singh.
6. So far as applicants No. 1 - Ram Lakhan Gurjar, No. 2 - BanwariGurjar, No. 4 - Nepal Singh and No. 5 Vijay Singh are concerned, it issubmitted by counsel for the applicants that cross-case has beenregistered and the accused party has also sustained injuries, which clearyindicates that either the complainant party was aggressive or it is a case of free fight and, therefore, everybody would be responsible for their ownact. There is no allegation that applicants No. 1, 2, 4 and 5 had caused anyinjury by hard and blunt object on any vital part of any injured. The trial islikely to take sufficiently long time and there is no possibility of theirabsconding or tampering with prosecution case.
7. Per contra, application is vehemently opposed by counsel for theState. It is fairly conceded that on the complaint of the accused party, FIRhas also been registered against the complainant party and few members ofthe accused party has also sustained injuries.
8. Considering the totality of the facts and circumstances of the caseand nature of allegations, without commenting anything on the merits ofthe case, the application is allowed filed on behalf of applicants No. 1 - Ram Lakhan Gurjar, No. 2 - Banwari Gurjar, No. 4 - Nepal Singhand No. 5 - Vijay Singh. It is directed that if theapplicants appearbefore Investigating Officer on or before 10.01.2024 and furnish apersonal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only)each with one surety in the like amount each to the satisfaction of theconcerned Investigating Officer, then they shall be released by theInvestigating Officer.
9. It is made clear that in case, if applicants fail to appear before theInvestigating Officer on or before10.01.2024 then this order shall loseits effect.
10. In the light of judgment passed by the Supreme Court in the caseof Aparna Bhat & Ors. Vs. State of M.P. passed on 18/03/2021 inCriminal Appeal No.329/2021, intimation regarding grant of bail be sent to the complainant.
11. Certified copy as per rules.
Avi
(G.S. AHLUWALIA)V. JUDGE