Hiralal Gurjar vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

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

T h e applicant has been arrested on 07.10.2022 by Police Station-Narwar, District- Shivpuri (M.P.) in connection with Crime No.288/2022 for the offence punishable under Sections 307, 323, 294, 506, 147, 148, 149, 302, 325, 201 of IPC and 25, 27 of Arms Act.

As per prosecution story, on 21.9.2022 at 9.30 am complainant Sahab Singh lodged Dehati Nalishi at CHC Narwar against applicant and 12 others to the effect that Jeetu Gurjar and others cultivated Charnoi land which was objected by the complainant side, and therefore, there is enmity between the parties. Today at about 7 am complainant side asked Jeetu to leave the way for their animals, due to this applicant and co-accused armed with Katta, axe and Lathi came in front of the house of his Tau Lal Singh Baghel and started abusing. When his Tau Lal Singh Baghel and father Suresh Baghel tried to make them understand, co-accused Jeetu Gurjar with intention to kill fired on his Tau which hit on his left thigh. Thereafter co-accused Ahwaran Gurjar inflicted Lathi blow on the head of Lal Singh Baghel, due to which he fell down on the ground. When complainant, his father Suresh, uncle Kedar, Shishupal Baghel and uncle Malkhan Baghel and Ramhet Rajak tried to save him, then Jandel Gurjar, Surendra Gurjar, Ramnath Gurjar, Parwat Gurjar, Harbhajan Gurjar, Nandu Gurjar, Deewan Gurjar, Ramlakhan Gurjar, Shivcharan Gurjar, Chhotu @ Keshav Gurjar and Heerala Gurjar committed Marpeet with them. On his report, Dehati Nalishi was registered. On the basis of Dehati Nalishi, crime No.288/2022 was registered. Later on, Lal Singh Baghel died. Applicant has been arrested on 22.9.2022. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He is in custody since 07.10.2022. Investigation has been complete and charge-sheet has been filed. It is further submitted that main accused are co-accused Jeetu and Ahwaran Singh who caused injuries to the deceased. Allegation against the applicant is of causing injury to the injured. He undertakes to cooperate in trial. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

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

Looking to the overall 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 cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) with personal bond of 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.

In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically.

Application stands allowed and disposed of.

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

Certified copy as per rules.