IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 18^th OF NOVEMBER, 2022 MISCELLANEOUS CRIMINAL CASE No. 54016 of 2022 BETWEEN:-

GENDALAL S/O SHRI HARIRAM VANSHKAR, AGED 50 YEARS, R/O GRAM JAURI THANA PANDOKHAR DISTIRCT DATIA (MADHYA PRADESH)

.....APPLICANT (BY SHRI M.S. RAWAT- ADVOCATE)

AND STATE OF MADHYA PRADESH THROUGH POLICE STATION PANDOKHAR DISTRICT DATIA .....RESPONDENT (BY SMT. KALPANA PARMAR- PANEL LAWYER WITH SHRI AMIT KUMAR GOSWAMI- ADVOCATE FOR COMPLAINANT )

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

ORDER

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 29.10.2022 in connection with Crime No.27/2022 registered at Police Station Pandokhar Distt. Datia for offence under Sections 307, 452, 336, 294, 323, 324, 459, 325, 34 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, a free fight took place between both the parties. Gunshots were fired by the co-accused persons also. As a result, one Satish Sharma co- accused in the present case also suffered multiple pellet injuries on his face, apart from Dayashankar, who also sustained injuries. Even otherwise, according to the prosecution case, the applicant along with other co-accused persons trespassed in the house of the complainant. They were pressurizing that the complainant party should enter into a compromise and, accordingly, co- accused Sunil gave an axe blow on the head of Ankit, whereas co-accused Ranjeet Vanshkar gave another axe blow to Ankit. The applicant and co- accused Satish caused lathi injuries to Ankit. It is alleged that when Aditya and Chandramani came to rescue the injured, then co-accused Satish fired a gunshot on Aditya, but he escaped unheard. Sunil also gave a lathi blow on the back of the complainant. By referring to the MLC of Ankit, it is submitted that one incised wound was found over left side of buttock. One abrasion was found on right forearm and another abrasion was found on right side of upper back and one lacerated wound was found on the left side of parietal region. It is submitted that as per Modi's medical jurisprudence, in case, if an injury found on the skull of an injured is not microscopically examined, then lacerated wound may appear to be incised wound. Accordingly, in view of the ocular statement that axe blow was given by the co-accused on the head of Ankit. It appears that no lathi blow was given by the applicant on the head. It is true that the applicant was absconding, but he undertakes abide by any condition which may be imposed by the Court.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and apart from the present case, two more offences i.e. Crime No.117/2008 was registered under Sections 294, 323, 506, 34 of IPC and Crime No.160/2019 was registered under Sections 307, 294, 323, 34 of IPC. However, it is fairly conceded that the applicant has been acquitted in Crime No.117/2008 and a closure report was filed in Crime No.160/2019.

Considering the totality of the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as p