BALISHTAR Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2022-2-160
HIGH COURT OF MADHYA PRADESH
Decided on February 15,2022

Balishtar Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

RAJEEV KUMAR SHRIVASTAVA,J. - (1.)This is first application under Sec. 439 of CrPC for grant of bail. The applicant has been arrested on 17/6/2021 in connection with Crime No.05/2020 registered at Police Station Sumavali, District Morena for offence under Ss. 384, 336, 395, 212, 216, 450 and 398 of IPC, Sec. 11/13 of MPDVPK Act and Sec. 25/27 of Arms Act.
(2.)It is submitted by learned counsel for applicant Balishtar @ Balkatar Gurjar that the applicant has been falsely implicated. He has not committed any offence. He is in custody since last almost eight months. Now, investigation is complete and charge-sheet has been filed. There is no requirement of further custodial interrogation of the present applicant. Trial will take long time to conclude. It is further submitted that co-accused Karua @ Ramraj Gurjar has already been granted bail by this Court by order dtd. 23/2/2021 passed in MCRC No.8638/2021 and case of the present applicant is also on the same footings. Hence, prayed for grant of bail to the applicant.
(3.)Per contra, learned State counsel opposed the bail application and has submitted that case of the present applicant is not on the same footings as of co-accused Karua @ Ramraj Gurjar as present applicant was a member of a dacoit group Gudda Gurjar and he himself has admitted the said fact. Hence, prayed to reject the bail application.


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