RAJESH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) T his is a bail application under Sec. 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant - Rajesh Gurjar who is in custody since 15/6/2021 in connection with Crime No.167/2020, registered at Police Station Narsinghgarh, District Rajgarh for the offence punishable under Ss. 302 and 398/34 of IPC and Sec. 25 and 27 of Arms Act.

(2.) As per prosecution story, the FIR was lodged by Lokesh Bhandari, Assistant Sub-Inspector. On the basis of information received on 21/3/2020 at about 08:10 pm a loot has been committed in the Radhika Jewellers, Shivaji Chowk and fired gunshot in air. They looted the said shop and caused injury to Ashish Bhandari who later on died. Thereafter he ran away with two others on a motorcycle. Lokesh Bhandari brother of the deceased has been examined and PW/1 and he has only identified Manish who filed a gunshot. He did not identified the present applicant. Apart from that there is no recovery from him. Other eye-witness have also not been identified in the Court and declared hostile. Learned counsel for the applicant submits that except memorandum under Sec. 27 of the Evidence Act of co-accused no incriminating materials have been collected against the present applicant. Learned Government Advocate for the respondent / State opposes the application by submitting that the memorandum under Sec. 27 of the Evidence Act is very descriptive but the fact remains that he has not been seen in the CCTV footage as well as there is no recovery from the present applicant but he is having a strong criminal antecedent. Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed and the applicant - Rajesh Gurjar is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under Sec. 437(3) Cr.P.C. C.c. as per rules.