Sandeep Singh Gurjar vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the first bail application filed by the applicant u/S. 483 of B.N.S.S. for grant of bail relating to Crime No. 200/2024 registered at Police Station -Noorabad, District - Morena (M.P.) for the offence under Section 103(1), 296, 191(2), 191(3), 190 of BNS and section 25, 27 of Arms Act.

2 . The facts of the case are that incident took place on 29.11.2024 about at 03:15 pm in Malia Wala Khet situated in Village Dhanela which was reported eight hours later at 11:18 pm by complainant Ramlakhan Gurjar at Police Station Noorabad, District Morena, on the basis of which, a case was registered against 13 persons including applicant under Sections 103 (1), 296, 191 (2), 191 (3) and 190 of BNS. Complainant lodged a report that when he was working in the field of Malia along with his uncle Shivram Singh, Bachchu Singh and his brothers Ramu and Santosh, 13 people quarreled with him in the field of Malia and beat him. In that dispute, co-accused Jogendra, Surendra and Ramu opened fire from the guns. The bullet fired by Surendra hit in the hand of Ramu and the bullet fired by Jogendra hit on the stomach of Ramu. Ramu fell down after being hit by bullets and blood started oozing out from his stomach. Complainant Ramlakhan Gurjar alongwith his brother Santosh, father Siyaram and uncle Shivram brought Ramu to Government J.A. Hospital, Gwalior but the Doctor declared Ramu dead. Accordingly, offence has been registered.

Learned counsel for the applicant / accused argued that applicant is innocent and has been falsely implicated. He further submits that applicant is aged 22 years old young boy and is in jail since 01/05/2025. He further submits that charge sheet has since been filed and further custodial interrogation of the applicant may not be required. He further submits that incarceration of youth of 22 years may not be in the interest of his future career. He further submits that role attributable to the present applicant in the incident is akin and similar to the role attributed to the co-accused persons who have been enlarged on bail by the co-ordinate Benches of this Court. PW-1- Sarman, PW-2-Santosh, PW-3-Yogendra, PW-4 Bachchu, PW-5- Shivram and PW-6- Ramlakhan (who is the complainant himself) have been examined and they have not supported the case of prosecution and have turned hostile. The applicants' side and the complainants' side are the family members. It is also argued that the co-accused persons namely-Man Singh (vide order dated 05.09.2025 passed in M.Cr.C. No.24572/2025), Ramlakhan Gurjar (vide order dated 19.05.2025 passed in M.Cr.C No. 19012/2025), Rinku (vide order dated 20.07.2025 passed in M.Cr.C. No.25243/2025) have already been enlarged on bail by this Court as well as co-ordinate Benches of this Court). Applicant is the permanent resident of District -Morena (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence, if released on bail. Hence, prayed for grant of bail to the applicant.

On the other hand, learned State counsel as well as counsel for the complainant vehemently opposed the bail application on the ground that applicant was very much present at the spot of incident along with co-accused persons and has played active role in commission of the offence and prayed for its rejection. It is further argued that the applicant bears criminal record of 3 cases.

Heard learned counsel for the rival parties and perused the case diary.

Considering the totality of the facts and circumstances of the case and the role attributable to the applicant as well as the fact that applicant is aged 22 years, but 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) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.

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

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

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

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

iv) The applicant will not commit any other offence or will not repeat the offence in future. In case offence of same nature is repeated, this bail order shall automatically stand cancelled;

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

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

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

Certified copy as per rules.