IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV ON THE 5^th OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 41859 of 2022 Between:-

HARIOM SINGH GURJAR S/O SHRI BABU SINGH GURJAR, AGED ABOUT 28 YEARS, OCCUPATION: AGRICULTURIST VILLAGE PEHASARI THANA BHANWARPURA (MADHYA PRADESH)

.....APPLICANT (BY MR. VINOD KUMAR SHARMA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE THANA BHANWARPURA (MADHYA PRADESH)

.....RESPONDENT (MR. AVNEES SINGH - PUBLIC PROSECUTOR FOR THE RESPONDENT - STATE AND MR. AYUSH SAXENA - ADVOCATE FOR THE COMPLAINANT)

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

ORDER

The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 18.08.2022 by Police Station Bhawarpura, District Gwalior in Connection with Crime No.09/2022 registered for the offence punishable under Sections 307, 147, 148, 149 and 294 of IPC.

The allegation against the present applicant is that he alongwith other co-

accused persons tried to kill Rameshwar who was making boundary wall in the Signature Not Verified Signed by: BARKHA government land.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The applicant is in jail since 18.08.2022. It is further argued that as per prosecution story, co-accused Ramwaran fired at injured - Rameshwar. There is no allegation against the present applicant that he fired at injured. It is further argued that in order to falsely implicate the applicant, the complainant made a false story that after the incident, the applicant fired at injured. However, no firearm has been recovered from the possession of the applicant. The applicant has no criminal history. He is permanent resident of Gwalior, and there is no possibility of his absconsion. On these grounds, he prays for grant of bail to the applicant.

Per contra, application is opposed by learned counsel for the State and prayed for its rejection.

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

Having considered the arguments rendered by the parties and in view of the facts and circumstances of the case, 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) with two solvent sureties 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:-

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

2) The applicant will cooperate in the investigation/trial, as the case may Signature Not Verified Signed by: BARKHA be;

3) The applicant will not indulge himself 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 facts to the Court or to the Police Officer, as the case may be;

4 ) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

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

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV)

JUDGE bj/-

Signature Not Verified Signed by: BARKHA