Ramnaresh vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

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

Applicant has been arrested on 18/04/2023 by Police Station- Dabra Dehat, District- Gwalior (M.P.) in connection with Crime No.09/2023 for the offence punishable under Sections 307, 147, 148, 149, 365, 195-A, 341, 294 and 323 of IPC.

I n brief, the prosecution case is that on 08/01/2023 at 10.15 P.M, Saligram Gurjar lodged the report at Police Station- Dabra Dehat, District- Gwalior (M.P.) alleging that on 08/01/2023 at 4:00 PM, when he alongwith his brother- Harkhand and Parmal Gurjar were going from Dabra to Rajiyar by motorcycle and as soon as they reached near culvert of Paita, accused Majbhoot, Raghvendra, Ramniwas Gurjar, Dharmendra, present applicant-Ramnaresh Gurjar, Badam Gurjar, Surendra, Raju, Gurjar, Asharam Gurjar, Rajendra Gurjar, Banti @ Ramhet Gurjar, Narendra @ Pappu Gurjar, Jeetu Gurjar, Babu Singh Gurjar, Rakesh Jatav and Ranveer Singh besieged them and told to make compromise in the case which is pending before C.B.I. Court Indore in which their father died and offered them Rs.20 lacs. When they refused for the same, they took them in the field and again offered Rs.30 lacs to compromise in the matter and change their statements. When they again denied, they abused them filthily and threatened them to make compromise. They assaulted them by means of sticks. Thereafter, accused- Majbhoot assaulted by means of sickle on his nose. Thereafter, accused- Raghvendra fired gunshot with intention to kill aiming his head but he narrowly escaped. Thereafter, all the accused persons told Dharmendra to kill Harkantha and Dharmendra fired gunshot on Hankantha which hit on his back, due to which, he fell down on the earth. Thereafter, family members of Kamlesh came there and on seeing them, all the accused persons ran away from the spot. On the basis of aforesaid, FIR was registered against the accused persons. Injured was sent for medical examination. Statements were recorded. Applicant/accused was arrested. From his possession, one stick (Lathi) was seized.

Learned counsel for the applicant submits that applicant is aged 37 years and he has been falsely implicated in this case. After investigation, charge-sheet has been submitted, therefore, further custodial interrogation is not required in the matter. Only allegation against the present applicant/accused is of assaulting the injured by means of stick. Allegation of firing upon Harkantha is against the co-accused-Dharmendra. It is further submitted that co-accused- Banti@ Ramhet has already been released on bail by this Court vide order dated 11/05/2023 passed in MCRC No.20273/2023 and the case of the applicant is similar to the said co-accused. Applicant is in custody since 18/04/2023 and he is the permanent resident of District- Gwalior (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence. Conclusion of trial will take time. He is ready to abide by all the terms and conditions which may be imposed by this Court. On such premises, learned counsel for the applicant prays for grant of bail to the applicant.

Learned counsel for the State as well as the complainant vehemently opposed the application and prayed for dismissal of the same.

Heard learned counsel for both the parties and perused the case diary. Looking to the facts and circumstances of this case, but without commenting upon 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 the applicant furnishes a cash security of Rs.25,000/- alongwith a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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 any default, cash security of Rs.25,000/- shall stand forfeited without giving any notice to him.

Application stands allowed and disposed of.

Certified copy as per rules.