IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL ON THE 3^rd OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 38832 of 2022 Between:-

1. KAILASH GUJAR S/O LATE SHRI BHAIYALAL GUJAR, AGED ABOUT 51 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE CHAMCHOUR POLICE STATION PALOHABAD TEHSIL GADARWARA DISTRICT NARSINGHPUR (M.P.)

(MADHYA PRADESH)

2. RAMSWAROOP S/O LATE SHRI BHAIYALAL GUJAR, AGED ABOUT 53 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE CHAMCHOUR, TEHSIL GADARWARA DISTRICT NARSINGHPUR (M.P.) (MADHYA PRADESH)

.....PETITIONERS (BY SHRI SOURABH BHUSHAN SHRIVASTAVA, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GADARWARA DISTRICT NARSINGHPUR (M.P.) (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI R.S. RAJPOOT, PANEL LAWYER)

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

ORDER

This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of applicants Kailash Gujar and Ramswaroop, pending the trial.

The applicants are in custody since 27.07.2022 in connection with Crime No.203/2022 registered at P.S. Gadarwara, District - Narsinghpur (M.P.) for the Signature Not Verified offence punishable under Sections 294, 323, 326 & 506/34 of IPC.

As per the prosecution story, on 03.03.2022, Harprasad Gujar lodged an F.I.R. stating that he is having enmity with Ramswaroop and Kailash Gujar and over that old enmity on 01.03.2022 at around 01:30 p.m. they abused his son Raj Kumar and caused injuries on the person of Rajkumar by iron rod. In that incident his son Rajkumar sustained injuries in the back side of his head and ring finger of left hand. Incident was witnessed by Yasahvant Yadav and Yashvant Sen.

Learned counsel for the applicants has submitted that applicants have not committed any offence. They have been falsely implicated. They are innocent. It is further submitted that no grievous injury has been caused on the person of injured Rajkumar. Though doctor has opined that the injury sustained on ring finger of his left hand was grievous in nature but there is no x-ray report showing that there was any fracture in the ring finger. After investigation charge-sheet has been filed. Trial of the case will take considerable time.

Therefore, it has been prayed that applicants be released on bail.

On the other hand, learned PL for the respondent/State has opposed the grant of bail to the applicants and has submitted that applicant Kailash Gujar is having Criminal back ground, therefore, applicants be not released on bail. After investigation charge-sheet has been filed. Though, doctor has opined that injury on the ring finger of left hand of injured is grevious but same is not supported by any x-ray report. Therefore, without expressing any opinion on the merit of the case but having taken into consideration all the facts and circumstances of the case, I am of the view that it is a case in which applicant/accused may be released on bail. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of Signature Not Verified bail filed on behalf of applicant is allowed.

It is directed that applicants - Kailash Gujar and Ramswaroop be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety each in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL)

JUDGE Amitabh Signature Not Verified