IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA nd ON THE 2 OF DECEMBER, 2022 MISCELLANEOUS CRIMINAL CASE No. 56782 of 2022 BETWEEN:-

RANJEET VANSHKAR S/O SHRI GENDALAL VASHKAR, AGED 30 YEARS, OCCUPATION: STUDENT, R/O GRAM JAURI THANA PANDOKHAR DISTRICT DATIA (MADHYA PRADESH)

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

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION PANDOKHAR DISTRICT DATIA .....RESPONDENT (SHRI C.P. SINGH-PANEL LAWYER FOR STATE)

(SHRI AMIT 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 filed under Section 439 of Cr.P.C. for grant of bail.

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

It is submitted by counsel for applicant that according to the prosecution case, a free fight took place between both the parties. Gunshots were also fired by the accused persons. As a result, one Satish who is also co-accused in the present case also suffered multiple pallets injuries on his face apart from Dayashankar who also sustained injuries. It is submitted that this Court by order dated 18.04.2022 passed in M.Cr.C. No.54016/2022 has granted bail to co-accused Gendalal and the case of applicant is identical to that of co-accused Gendalal.

Per contra, the application is vehemently opposed by counsel for State. It is submitted that the allegation against Gendalal was that he has caused a lathi blow to Ankit whereas the allegation against the applicant is that the applicant had given a axe blow on the left side of buttock of Ankit and as per the MLC, one incised wound was also found over that area.

According to the applicant himself, it is a case of free fight and therefore, everybody would be responsible for his own act. The applicant has used a lethal weapon and corresponding injury has also been found and the applicant was absconding from the date of incident i.e. 15.02.2022 and has a criminal history of one more offence under Section 307 of IPC.

Considering the totality of the facts and circumstances of the case, specifically in the light of the role assigned to the applicant and the injury found on the body of Ankit coupled with the fact the applicant could be arrested only after eight months of the incident and the case of applicant is distinguishable from the case of co-accused Gendalal, no case is made out for grant of bail.

The application fails and is hereby dismissed (G.S. AHLUWALIA)

JUDGE Aman AMAN TIWARI