Raghuveer Gurjar & Anr vs State Of Madhya Pradesh

This is first application filed under Section 439 of Cr.P.C.

for grant of bail.

The applicants have been arrested on 23.05.2018 in connection with Crime No.38/2018 registered by Police Station Ghatigaon District Gwalior for the

offence punishable under Sections 393, 34 of IPC, Section 11, 13 of MPDVPK Act and Section 25, 27 of Arms Act.

It is submitted by the counsel for the applicants that according to the prosecution case, the complainant lodged a report that while he was coming back

to village Sirsa, on the way, they were asked to stop by four unknown persons, however, under the apprehension that the said four unknown persons

are miscreants, they did not stop and came to the police station and informed about the incident. Police also went to the spot and arrested two accused

persons, who disclosed their names as Mahaveera and Sonuveer alias Sonu and various firearms were recovered from their possession. The

applicants have been made accused on the basis of confessional statements made by the co-accused persons. Although the charge-sheet has been

filed, but for the reasons best known to the police, the Test Identification Parade of the applicants has not been conducted. The case of the present

applicants is distinguishable from the case of co-accused Sonu @ Sonuveer and Mahaveera because they were arrested on the spot along with the

firearms. Applicants are innocent persons and they have been falsely implicated and the applicants have no criminal history and there is no possibility

of their absconding or tampering with the prosecution case.

Per contra, the application is opposed by the State counsel. However, after going through the case diary, it is fairly conceded by the counsel for the

State that there is nothing in the case diary to indicate that the applicants have any criminal history.

Considering the detention period of the applicants, facts and circumstances of the case, without commenting on the merits of the case, the application

is allowed. It is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only)

each with one surety in the like amount each to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by

the concerned Court.

This order shall remain effective till in the end of trial but in case of bail jump, it shall become ineffective.

Certified copy as per rules.