IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 18 OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 53164 of 2022 BETWEEN:-

LAKHAN GURJAR S/O KEDAR GURJAR, AGED ABOUT 25 YEARS, OCCUPATION: LABOUR VILLAGE MALKANA TEHSIL SARANGPUR DISTRICT RAJGARH (MADHYA PRADESH)

.....PETITIONER (SHRI ABHISHEK JAIN, LEARNED COUNSEL FOR THE PETITIONER )

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION CHHAPIHEDA DISTRICT RAJGARH (MADHYA PRADESH)

...RESPONDENT ( SHRI VIRAJJ GODHHA PL APPEARING ON BEHALF OF ADVOCATE GENERAL)

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

O R D E R

Signature Not Verified Signed by: BHUVNESHWAR This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 27.7.2022 in connection with Crime No.202/2022 registered at Police Station – Chhapiheda, District Rajgarh (M.P.) for commission of offence punishable under sections 307, 294, 323, 506 and 34 of the Indian Penal Code of 1860.

As per prosecution story, on 27.07.2022 while complainant Dinesh Gurjar was returning to his home alongwith one Phool Singh S/o Kanwar Lal, at that time co-accused Jain Gurjar alongwith Phool Singh S/o Madhav and present applicant Lakhan came there and they started abusing them in filthy language. Thereafter, Phool Singh gave blow of iron rod on the head of the complainant Dinesh. Due to which he got injuries. Then, Lakhan attacks by wooden stick on his right shoulder. When victim Phool Singh tried to save him, co-accused Jain Gurjar gave blow of wooden stick on his left shoulder and back. Accused person also threatened them that if they made report in police station they will kill them. Accordingly, offence has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 27.7.2022. Investigation is over and charge-sheet has been filed. There is no legal evidence to connect Signature Not Verified Signed by: BHUVNESHWAR the applicant with the aforementioned offence. Phool Singh not caused any injury. Applicant is the permanent resident of Rajgarh district. Co-accused Jain Gurjar has been enlarged on bail by this court by order dated 17.10.2022 passed in M.Cr.C. No. 46318/2022 in similar circumstances. The applicant has not caused any grievous injury to complainant. Hence, he prays that applicant be released on bail.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection.

Perused the impugned order of the trial Court as well as the case diary.

After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that MLC of victim Phool Singh has not been conducted during the investigation, present applicant is not the main accused, investigation is almost over, the role attributed to the present applicant is very limited, co-accused Jain Gurjar has been enlarged on bail in similar circumstances, and final conclusion of the trial will take sufficient long time, I deem it proper to release the applicant on bail on the ground of parity. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Signature Not Verified Signed by: BHUVNESHWAR Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA)

J U D G E BDJ Signature Not Verified Signed by: BHUVNESHWAR