Madhya Pradesh High Court
Shashank Gurjar vs The State Of Madhya Pradesh on 12 June, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2025:MPHC-GWL:11834
1 MCRC-23186-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 12th OF JUNE, 2025
MISC. CRIMINAL CASE No. 23250 of 2025
ARVIND SINGH GURJAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Raj Kumar Shrivastava - Advocate for the applicant.
Shri Avinash Kulsretha - Panel Lawyer for the State.
WITH
MISC. CRIMINAL CASE No. 23186 of 2025
SHASHANK GURJAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Raj Kumar Shrivastava - Advocate for the applicant.
Shri Avinash Kulsretha - Panel Lawyer for the State.
ORDER
This is the first applications under Section 439 of Cr.P.C/483 of BNSS
filed by the applicants for grant of bail. The applicants are in custody since
30.04.2025 in connection with Crime No.79/2025 registered at Police Station
Maharajpura, District Gwalior for the offence punishable under Sections
127(2), 296, 115(2), 351(2), 3(5), 140(3) of BNSS and Section 11/13
MPDVPK Act.
NEUTRAL CITATION NO. 2025:MPHC-GWL:11834
2 MCRC-23186-2025
As per prosecution story, the allegation against the present applicants
is of abusing filthy language to the complainants/victims and causing injury
over the head of the complainant by means of stick as well as committing
marpeet to the victim Girraj Sharma. On the basis of the aforesaid allegation,
crime has been registered.
Learned counsel for the applicants have submitted that the applicants
are innocent and they have been falsely implicated in this case. They are in
custody since since 30.04.2025. They are permanent resident of District
Gwalior. It is further submitted that as per the story of prosecution, the
present applicants had caused injury by means of stick to complainant but he
sustained a simple injury. Investigation is complete and charge-sheet has
been filed. They are ready and willing to abide by all the conditions which
may be imposed by the Court and there is no possibility of their absconding
or tampering with prosecution case. Conclusion of trial will take time. On
these premises, he prays that applicants be released on bail.
Per contra, learned counsel for the State has opposed the application
for bail on the basis of material available in case diary and evidence
available.
Considering the overall facts and circumstances of the case as well as
the arguments advanced by the counsel for the parties, this Court is inclined
to allow the bail application of the applicant, though without any comments
on merits of the case.
It is directed that the applicants be released on bail upon each of them
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
NEUTRAL CITATION NO. 2025:MPHC-GWL:11834
3 MCRC-23186-2025
Thousand) with one solvent surety of the like amount to the satisfaction of
the trial Court concerned for his appearance on the dates given by it.
On being released on bail, the applicants shall abide by the conditions
enumerated in Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita,
2023.
Applications stand allowed and disposed of.
A copy of this order be sent to the Court concerned for compliance
and information.
(MILIND RAMESH PHADKE)
V. JUDGE
PAWA
Digitally signed by PAWAN KUMAR
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MADHYA PRADESH BENCH
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GWALIOR,
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st=Madhya Pradesh,
KUMAR
serialNumber=61B9D129971D2EA4F
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KUMAR
Date: 2025.06.16 16:04:08 +05’30’