JAGDEESH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) From a perusal of the impugned order, it is observed that the order passed by the Special Judge was not in the proper format (as the facts of the case were not mentioned). This is in non-compliance with the directions issued by the Hon'ble Supreme Court dtd. 15/3/2023, in Special Leave to Appeal (Criminal) No. 555 of 2023 (Ravish Kumar Vs. State of Bihar), as well as the order passed by this Court in M.Cr.C. No. 8227 of 2023 (Deepak Yadav Vs. State of M.P.). Therefore, the Principal District and Sessions Judge, Morena is advised to strictly follow the prescribed format. This is first application filed by the applicant under Sec. 483 of BNSS for grant of bail relating to Crime No.467/2021 registered at Police Station Civil Lines, District Morena (M.P.) for the offence under Ss. 302, 307, 325, 395, 397, 294, 147, 148 and 149 of BNS.

(2.) In brief, prosecution case is that on 24/7/2021 at 9.10 am complainant Vishnu lodged a Dehatinalishi with Assistant sub Inspector Laxman Singh of Police Station Civil Line Morena against Ramdeen and co-accused Laxman, Jairam, Dhurv, Girraj, Jagdeesh, present applicant/accused Satte @ Satyabhan, Raghuraj and one Ramniwas alleging that in the morning at 5.00 am they were sleeping outside the house, due to previous enmity, co-accused Ramdeen along with Laxman, Jairam, Jagdeesh, Girraj- applicant/accused, Satte @ Satyabhan, Raghuraj and Ramniwas having danda and gun in their hands came near them and started abusing his father with filthy languages, when his father objected then co-accused Laxman with the intention to kill his brother Radhe fired on him bullet hit on his right hand. Thereafter, co-accused Jairam fired with gun on his father which bullet hit on right leg. Thereafter, co-accused Dhurv fired on his father. Accused Laxman, Jairam and Dhruv also fired on him and his father, due to which, they got injuries. Thereafter Girraj, Jagdish, Ramdeen and present applicant-Satte @ Satyabhan Gurjar, Raghuraj Gurjar and Ramniwas Gurjar assaulted the complainant and his father and brother and one Ramhari with Lathi. Complainant and Ramhari also sustained gunshot injury. When they cried, Tikaram and Banti and other fellow came over there. They saw the incident. Then accused persons went away from the place by taking their licencee gun. They by tractor reached District Hospital Morena. Their treatment is going on. On his report, dehati nalishi 307, 323, 294, 147, 148, 149 was recorded. Thereafter, on the basis of dehati nalishi FIR at police station Civil Line Morena bearing crime No.467/2021 under aforesaid Sec. was registered. During treatment Rajman and Radhe died. Merg was registered.

(3.) Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. He is under custody since 25/4/2025. Supplimentary charge-sheet has already been filed against the applicant. It is further submitted that Complainant Vishnu (PW/2) and eye witness Ram Hari Gurjar (PW/1) have been examined before the Trial Court and they have stated in their statements that the alleged assault was done by unknown persons. They have, therefore, turned hostile. They specifically denied in their cross-examination that the present applicant and other co-accused persons fired upon the deceased Radhe and Rajman. It is further submitted that co-accused persons Raghuraj Gurjar, Satte @ Satybhan Singh Gurjar, Ramdeen Gurjar, Dhruv Gurjar, Jayram Gurjar and Girraj Gurjar have already been granted bail by a Coordinate Bench of this Court. No custodial interrogation is required. He is ready and willing to co-operate in the investigation and abide by all the terms and conditions as may be imposed by the Court. Conclusion of trial will take time. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.