Madhya Pradesh High Court
MCRC/54669/2023 of BALVEER SINGH Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISC. CRIMINAL CASE No. 54669 of 2023
BETWEEN:-
1.BALVEER SINGH S/O SHRI BAHADUR SINGHGURJAR, AGED 26 YEARS, OCCUPATION: LABOURR/O GRAM VIJAYPUR TEHSEEL MAKSUDANGARHDISTRICT GUNA (MADHYA PRADESH)GURJAR, AGED 26 YEARS, OCCUPATION: LABOURR/O GRAM VIJAYPUR TEHSEEL MAKSUDANGARHDISTRICT GUNA (MADHYA PRADESH)
2.CHHOTU @ HEMRAJ S/O SHRI VIJAY SINGH,AGED 18 YEARS, R/O GRAM VIJAYPUR TEHSILMAKSUDANGARH, DISTRICT GUNA (MADHYAPRADESH)AGED 18 YEARS, R/O GRAM VIJAYPUR TEHSILMAKSUDANGARH, DISTRICT GUNA (MADHYAPRADESH)
3.RAHUL GURJAR S/O SHRI HUKUM SINGHGURJAR, AGED 24 YEARS, R/O GRAM VIAJYPURTEHSEEL MAKSUDANGARH, DISTRICT GUNA(MADHYA PRADESH)GURJAR, AGED 24 YEARS, R/O GRAM VIAJYPURTEHSEEL MAKSUDANGARH, DISTRICT GUNA(MADHYA PRADESH)
(BY SHRI D. S. RAJAWAT - ADVOCATE)
.....APPLICANTS
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION JAMNER DISTRICT GUNA (MADHYAPRADESH)
(BY SHRI A.K. NIRANKARI- PUBLIC PROSECUTOR)
.....RESPONDENT
This application coming on for hearing this day, the court passed the following:
Case diary is available.
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ORDER
2. This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
3. Applicants are apprehending their arrest in connection with CrimeNo.314/2023 registered at Police Station - Jamner District, Guna for offenceunder Sections 294, 323, 324, 506, 147, 148, 149 of IPC and added Section326 of IPC.
4. At the outset, counsel for the applicants seeks permission of this Court towithdraw this application filed on behalf of applicant No.1 - Balveer andappellant No.3 - Rahul Gurjar.
5. Accordingly, the application filed on behalf of applicant No.1 - Balveerand appellant No.3 - Rahul Gurjar is dismissed as withdrawn.
6. It is submitted by counsel for the applicant No. 2 that a cross-case hasbeen registered and the accused party has also sustained injuries, which clearlyindicates that either the complainant was an aggressor or it is a case of free fightand, therefore, everybody would be responsible for their own act. There is noallegation that applicant No. 2 - Chhotu @ Hemraj has caused any injury byhard and blunt object on any vital part of any injured. The trial is likely to takesufficiently long time and there is no possibility of his absconding or tamperingwith prosecution case.
7. Per contra, application is vehemently opposed by counsel for the State. Itis fairly conceded that on the complaint of the accused party, FIR has also beenregistered against the complainant party and few members of the accused partyhad also sustained injuries. It is further submitted that applicant No. 2 - Chhotu@ Hemraj has no criminal history.
8. Considering the totality of the facts and circumstances of the case andnature of allegations, without commenting anything on the merits of the case, theapplication is allowed filed on behalf of applicant No. 2 Chhotu @
Hemraj. It is directed that it theapplicantappears before InvestigatingOfficer on or before 10.01.2024 and furnishes a personal bond in the sum ofRs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount tothe satisfaction of the concerned Investigating Officer, then he shall be releasedby the Investigating Officer.
9. It is made clear that in case, if applicant fails to appear before theInvestigating Officer on or before10.01.2024 then this order shall lose itseffect.
10. In the light of judgment passed by the Supreme Court in the case ofAparna Bhat & Ors. Vs. State of M.P. passed on 18/03/2021 in Criminal Appeal No.329/2021, intimation regarding grant of bail be sent to thecomplainant.
11. Certified copy as per rules.
Avi
(G.S. AHLUWALIA)V. JUDGE