Mohar Singh Gurjar vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Perused the case diary.

This is second application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 26.05.2023 in connection with Crime No.74/2023 registered at Police Station Ghatigaon, District Gwalior for the offence punishable under Section 394 of IPC and Section 11/13 of MPDVPK Act.

The applicant's first bail application was dismissed as withdrawn vide order dated 20.06.2023 passed in M.Cr.C.No.24248/2023.

Prosecution case, in brief, is that on 24.05.2023 at about 15:30 hours when complainant Vikram along with his wife Janki was going towards Dursedi at that time the applicant along with other co-accused persons came on motorcycle and assaulted the complainant and snatched the silver ornaments from his wife, amounting to Rs.25,000/-.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the matter. He further submits that after dismissal of the first bail application, statements of the complainant and his wife have been recorded. Independent seizure witnesses have been examined and none of them have supported the prosecution case. The applicant is in custody since 26.05.2023. His custodial interrogation or trial is not required in the matter. Trial will take time for its conclusion. He further submits that the co-accused Kuldeep Baghel and Hanumant Gurjar have already been granted bail by this Court by order dated 12.09.2023 passed in M.Cr.C. Nos. 39961/2023 and 39971/2023 respectively. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State opposes the application and submits that applicant was identified by the complainant and his wife during TIP. He was very well involved in the crime. The allegations alleged against him are serious in nature, therefore, he is not entitled for grant of bail.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, so also the fact that material prosecution witnesses have been examined, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of. Certified copy, as per rules.