IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROHIT ARYA ON THE 3^rd OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 41751 of 2022 Between:-

1. ABHISHEK DUBEY S/O SHRI KRISHNA DUBEY, AGED - 26 YEARS, OCCUPATION: STUDY, R/O ANAMAY ASHRAM KE PICHHE, RAMNAGAR COLONY, DATIA, DISTRICT DATIA (MADHYA PRADESH)

2. DHARMENDRA SINGH GAUTAM S/O SHRI RAMBALI GAUTAM, AGED - 25 YEARS, OCCUPATION - STUDENT, R/O - GAUTAM NAGAR COLONY, DATIA, DISTRICT DATIA (MADHYA PRADESH)

.....APPLICANTS (BY SHRI SUSHIL GOSWAMI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION THATIPUR, GWALIOR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI A.K.NIKRANKARI - PUBLIC PROSECUTOR)

This application coming on for orders this day, the court passed the following:

ORDER

This is the first application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail. The applicants have been arrested by Police Station - Thatipur, District-Gwalior in connection with Crime No.205/2021 registered in relation to the offence punishable under Sections 307, 294, 323, 324, 395 of IPC, Section 11/13 of MPDVPK Act and Sections 25 and 27 of the Arms Act.

As per prosecution story, on 28/03/2021 at about 8:40 PM, the complainant- Sachin Jain, Judicial Magistrate and his colleague - Rammanohar Singh Dangi, who is also Judicial Magistrate, were strolling in front of his house, at that time a white color Scorpio car bearing Registration No.MP32-BC-0411 passed near them driving rash and negligent, due to which, they narrowly escaped. When the complainant objected the same, applicants and 5-6 other co- accused persons, armed with.315 bore gun, knife etc., got down from the said car and started abusing filthily and caught hold the complainant and assaulted him by kicks and fists as well as knife, due to which, complainant received many injuries all over the body and looted one gold chain weighing 20 gms. On screaming by the complainant, some persons came on the spot and intervened in the matter. On the basis of aforesaid, crime has been registered against the applicant and other co-accused persons and after investigation charge-sheet has been filed. Thereafter, injured was sent for medical examination and abrasion, contusion and one incised wound were found having inflicted by hard & blunt object. One .315 bore rifle (Adhiya) and one piece gold chain were seized from the possession of the present applicant.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime. They hae been implicated on the basis of memo of the co-accused Anand Baretha recorded under Section 27 of Indian Evidence Act. Investigation is complete. Chargesheet has been filed, hence, applicants are no more required for custodial interrogation. Applicants are in custody since 10.08.2022 and they are permanent residents of District-Datia (M.P.), therefore, there is no likelihood of their absconsion. The co-accused Anand Baretha has been enlarged on bail by this Court on 17/06/2022 in M.Cr.C. No.28602/2022, hence, applicants seek parity with the co-accused. The applicants are 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 out.

Learned Public Prosecutor for the State opposes the application supporting the order impugned.

At this stage, learned counsel for the applicants submits that the applicants have done introspection and are willing to donate Rs.1,00,000/- (Rs. One Lakh only) each for providing basic amenities, food, clothing and such other things for the welfare of the have-nots or underprivileged homeless people residing at the places like Vriddhashram, Vidhwa Ashram, Balika Ashram and Anathalaya, etc.

Upon hearing learned counsel for the rival parties but without commenting upon the rival contentions touching merits of the case, regard being had to the fact that the applicants are in custody since 10.08.2022, not required for cu