Amit Gurjar & Ors. vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

The applicants No.1 and 2, namely, Amit Gurajr and Sumit Gurjar have filed this first application under Section 482 of BNSS/438 of the Code of Criminal Procedure for grant of anticipatory bail. They apprehend their arrest in connection with Crime No.371 of 2025 registered at Police Station Morar, District Gwalior for the offence punishable under Sections 296 (b), 115(2), 351(3), 333, 3(5) of BNS, 2023.

The case of the prosecution in nutshell is that on 23.08.2025, around 1:00 PM, the complainant Vijay Sharma was sitting in his shop when the accused/applicant, along with other two associates, came to his shop and asked for cigarettes. The complainant informed them that the cigarettes were finished, upon which all three began verbally abusing him.

When the complainant refused to tolerate the abuse, all three entered the shop and, in a fit of rage, assaulted him with kicks and punches, resulting in a minor injury to his right wrist. One of the accused, Amit (applicant No.1), picked up a nearby stick and struck the complainant on the head, causing a minor injury at the back of his head. They also scattered the goods kept in the shop and broke a chair and a cooler. Naresh Sharma and others intervened and witnessed the incident. Based on the said report, alleged crime was registered against the applicant and other co-accused, and had initiated investigation.

Learned counsel for the applicant has submitted before this Court that the applicants have been falsely implicated in the present case. There exists no credible or independent evidence to connect them with the alleged incident. The case appears to have arisen out of a personal dispute or misunderstanding with the complainant. It is further submitted that the injuries, if any, sustained by the complainant are minor in nature, and do not fall within the ambit of serious offences punishable under the sections invoked. The allegations have been exaggerated to create a false criminal record against the applicants. It is further submitted that the prosecution has not produced any prima facie evidence, such as eyewitness accounts clearly identifying the applicants, CCTV footage, or medical evidence directly linking them to the assault. Mere allegations without corroboration cannot justify detention. It is further submitted that the offences alleged are bailable in nature, or even if non-bailable, the circumstances warrant grant of anticipatory or regular bail. The custodial interrogation is not necessary for the purposes of the investigation. The applicants are permanent resident of District Gwalior and are ready to abide by any conditions and fully cooperate with the investigation. Accordingly, the applicants may be granted anticipatory bail.

Per contra, learned Public Prosecutor for the State has opposed the present application and prayed for its rejection, emphasizing the serious nature of the offences alleged against the applicants. It is submitted that the applicants have prior criminal antecedents, which are as follows:

Applicant No. 1 - Amit Gurjar:

Crime No. 103/2019 & 371/2019 - Sections 323, 294, 506, 34 of IPC. Crime No. 13/2021 - Sections 354, 354(Gha), 376(2)(n), 506 of IPC, and Sections 5 & 6 of the POCSO Act. Applicant No. 2 - Sumit Gurjar:

Crime No. 126/2020 - Sections 323, 294, 506, 34 of IPC.

It is submitted that in view of the prior criminal history of the applicants, there exists a high likelihood of repetition of offences. There is also a risk that the applicants may influence witnesses or tamper with evidence if they are released on bail.

Further, it is argued that the nature of the present offence, which involves assault and damage to property, when considered along with their antecedents, weighs against the grant of anticipatory bail to the applicants.

In reply, learned counsel for the applicants submits that Applicant No.1 - Amit Gurjar has been acquitted in Crime No. 13/2021. In the remaining two cases, viz., Crime Nos. 103/2019 and 371/2019, he was granted bail.

With regard to Applicant No.2 - Sumit Gurjar, in Crime No. 126/2020, he was also granted bail.

It is therefore submitted that the prior criminal antecedents of the applicants do not indicate any propensity to evade law or tamper with evidence. Considering the minor nature of the present allegations and the absence of any prima facie evidence, the applicants are entitled to the protection of anticipatory bail.

After careful consideration of the submissions made by the parties, the nature of the offences alleged, and the antecedents of the applicants, the Court finds that Applicants No.1 and 2, namely Amit Gurjar and Sumit Gurjar, face allegations of assault and damage to property, punishable under Sections 296(b), 115(2), 351(3), 333, and 3(5) of BNS, 2023, in Crime No. 371 of 2025 registered at Police Station Morar, District Gwalior.

Applicant No.1, Amit Gurjar, has three previous criminal cases, including serious offences under IPC and POCSO Act, although one resulted in acquittal and the others were on bail. Applicant No.2, Sumit Gurjar, has one prior case in which he was on bail.

Considering their antecedents, there exists a significant possibility that the applicants, if released on anticipatory bail, may interfere with the investigation, influence witnesses, or tamper with evidence.

This Court also notes that the present offences involve not only physical assault but also damage to property, indicating a level of aggression and disregard for law that cannot be ignored.

In view of the gravity of the offence, the organized modus operandi, the prior criminal record, and the potential risk of tampering with evidence or influencing witnesses, the Court finds that no case is made out for the grant of anticipatory bail at this stage. Accordingly, the present application filed under Section 482 of BNSS is hereby dismissed.