Anand Yadav vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 9.5.2022 by police Station, Bahodapur, Distt. Gwalior, in connection with crime No.620/2021 for the offence punishable under Sections 307, 294, 506, 120-B, 34 of IPC.

As per prosecution story, on 25.8.2021 at 4.20 pm complainant Shyamsunder Paliwal lodged a report against accused Lalla Kamariya, Aniket Yadav, K.P. Ghuraiya, Anand Kushwah and one another that today at 9 am he along with Dinesh Sikarwar and Mahesh Sikarwar in the bolero vehicle of his friend Mahesh Sikarwar came to see the plot of his wife situated at Nehru Nagar, in front of Anand Nagar crossing and was standing at the plot, at that juncture, accused Lalla Kamariya came there and objected their coming to the plot. When the complainant replied that said plot is of his wife and he is going to construct house over there, he abused him by saying that " Madarchod Ruk Tu Mai Abhi Tera Makan Banwata Hu " and threatened him. Thereafter when he was talking with Mahesh Sikarwar and Dinesh Sikarwar near bolero vehicle, two persons on motorcycle and two persons on Scooty came by covering their faces and asked who is Paliwal. When the complainant told that he is Paliwal, one person with intention to kill him started firing on him. The complainant hid himself behind the bolero. If he did not hide himself, he would have been murdered. Thereafter by abusing and threatening the complainant, they ran away. At that juncture, Randheer Singh Bhadauria, who was residing nearby, came outside and asked as to who is firing as he sustained one bullet injury in his right hand. His friend Mahesh Sikarwar named the assailants as Anand Kushwah, K.P. Ghuraiya, Aniket Kamariya and one unknown person. On the report of the complainant, crime for the aforesaid offences has been registered. Neighbourer of the complainant Randheer Singh Bhdauriya, who is aged about 73 years, was sent for medical examination. He sustained one gunshot injury on right upper arm. No other person sustained any injury. During identification parade, complainant Shyamsunder could not identify the applicant. The applicant was arrested on 9.5.2022.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 9.5.2022. It is further submitted that applicant is not named in the FIR. Complainant Shyamsunder did not sustain any injury and during identification complainant could not identify the applicant. He undertakes to cooperate in investigation/trial. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Both the Advocates are heard. Case diary perused.

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 bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in 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.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.