Bhola Singh Gurjar vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 21.2.2025 by Police Station- Umri, District Bhind in connection with Crime No.27/2025, registered in relation to the offence punishable under Sections 109 (1), 125, 115 (2), 118 (1), 296, 351 (2), 191 (2), 191 (3), 61 (2), 117 (2) of BNS and sections 25, 27 of Arms Act.

Allegation against the present applicant is that he along-with other co-accused has assaulted the complainant by means of a country made pistol, due to which the complainant had sustained grievous injuries.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. Since the investigation is already over, the presence of the applicant in custody is no longer required. There is no need for further custodial interrogation. Nothing incriminating has been recovered from him, and there is no material on record that can directly connect him with the crime. It is submitted that although witness Rishi Yadav, in his statement recorded under Section 161 of the Cr.P.C., has named the assailants including applicant, but the applicant was not identified in the Test Identification Parade (TIP) conducted by the Investigating Agency. Trial will take time for its conclusion. The applicant is permanent resident of District Gwalior and there is no likelihood of his absconsion or tampering with the prosecution evidence. Counsel for the applicant has submitted that the co-accused person namely Sonu @ Jaipal, Pushpendra Singh @ Bali, Manvendra @ Golu Bhadoriya, Annu Yadav have already been granted bail in M.Cr.C. Nos.17393 of 2025, 17913 of 2025, 21020 of 2025, and 21022 of 2025 vide orders dated 2.5.2025 and , 14.5.2025 and the case of the present applicant is akin to that of co-accused, thus, he is entitled to be released on bail on the ground of parity also. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and submitted that 19 criminal cases are pending against the applicant and submitted that the applicant fired a shot from a country-made pistol, which struck the toll employee Ramesh on his leg. As per the attached X-ray report, Ramesh has sustained a fracture of the tibia bone as a result of the said gunshot injury. The said country-made pistol was allegedly recovered and seized by the police at the instance of the applicant. The CCTV footage panchnama records that three persons were riding a motorcycle, and one of them alighted from the motorcycle and fired from a pistol. Immediately thereafter, toll employee Ramesh is seen being hit by the bullet and falling to the ground.The police statements of witnesses Rishi Yadav, Nilesh Singh, Ajay Pratap, Mahesh, and Mukesh mention the presence of the applicant Bhola at the spot at the time of the incident and prayed for its rejection.

Considering the overall facts and circumstances of the case, nature of allegations and particularly the ground of parity with co-accused, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.