Criminal Case No. 56623 of 2022 · Madhya Pradesh High Court · 2022

( BY SHRI PRAMOD PACHORI - PUBLIC PROSECUTOR FOR RESPONDENT/STATE. BY SHRI PRADEEP KUMAR SHRIVASTAVA - ADVOCATE FOR COMPLAINANT) This application coming on for hearing this day, the court passed the following: ORDER This is the third bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. First two applications M.Cr.C.No.33382/2002 and M.Cr.C.No.38729/2022 were dismissed as withdrawn vide order dated

15.07.2022 and 18.08.2022 respectively. The applicant was arrested on 27.09.2021 in connection with Crime No.467/2021 by Police Station Civil Line, District Morena (MP) for the offence punishable under Sections 307, 323, 294, 147, 148, 149, 397, 325, 302 of IPC, 2 Section 11/13 of MPDVPK Act and Sections 25/27 and 30 of Arms Act. In brief, the prosecution case is that on 24.07.2021 at 9.10 A.M., complainant Vishnu S/o Rajman lodged a dehatinalshi at District Hospital, Morena with Assistant Sub Inspector Laxman Singh Gaur of Police Station Civil Line, Morena against applicant/accused Dhruv Gurjar Gurjar and eight others alleging that in the morning at 5 A.M., he alongwith his father Rajman, brother Radhe, Ramhari were sleeping outside the house, due to previous enmity, accused Laxman, Jayram, Dhruv, Jagdish, Girraj, Ramdeen, Sathe @ Satyabhan, present applicant/accused Raghuraj Gurjar, Ramniwas Gurjar having lathis and guns in their hand came over there. They started abusing his father with filthy languages, when his father objected for giving of obscene words, at that time accused Laxman with an intention to kill his brother Radhe fired on him, bullet hit on his right hand. Thereafter, accused Jayaram with an intention to kill his father, fired on his right leg and applicant/accused Dhruv fired on his father. Due to which blood was started oozing out. Thereafter, all the three accused Laxman, Jayaram, Dhruv with an intention to kill fired on his father, brother Radhe and Ramhari due to which they got injuries over the body. Thereafter, accused Girraj, Jagdish, Ramdeen, Sathe @ Satyabhan, present applicant/accused Raghuraj and Ramniwas had also assaulted on him, his father, brother Radhe and Ramhari with lathis, due to which they also got injuries. On their hue and cry Tikaram and Bunti and other persons came on the spot and saw the incident. While going from the place of occurrence they snatched licenced guns from their house. Thereafter, all the injured persons were brought to District Hospital, Morena, by tractor. There treatment has started. On his report, dehatinalshi 3 bearing Crime No.0/21 under Sections 323, 294, 307 147,148,149 of IPC was recorded. All the injured persons were medically examined. As per MLC done soon after the incident at 7.40 -7.58 A.M., doctor who examined Radhe and Rajman and Vishnu and Ramhari found lacerated wounds in number in 6,8,7 and 12 over the body of injured persons and opined that all the injuries. During treatment Radhe and Rajman died. Their postmortem was conducted. During postmortem of Radhe, doctor found 25 lacerated abrasion injuries and given opinion that cause of death was hemorrhage due to multiple injuries which were caused by hard and blunt object, therefore, he died. Similarly, in case of Rajman, he found 11 lacerated incised wound and is of the opinion that all the injuries were caused by hard and blunt object. He also died due to hemorrhage o f multiple injuries. Nowhere, doctor conducted autopsy as mentioned about the fire arm injuries. Despite in dehatinalshi, there are allegations against accused Laxman, Dhruv and Jayaram. They repeatedly fired deceased and the injured persons with guns. After investigation, charge-sheet has been submitted. Dr. Keshav Sharma, Medical Officer, District Hospital, Morena who conducted MLC and Dr. Sarthak Juglan MD (FMT) was present in person at the time of hearing of M.Cr.C. No.50067/2022 which was decided on

24.11.2022. After going through the post-mortem reports, Dr. Sarthak Juglan MD (FMT) has given opinion that he has not found any gunshot injuries on the body of both the deceased persons. Dr. Keshav Sharma, admitted his mistake that due to rush of work, he has mentioned in the MLC that the aforesaid injuries were caused by gunshot. In future, he assured that he will do the MLC sincerely. On going through the MLC and postmortem report and information given by both the doctors, it appears that there was no gunshot injuries found on the body of deceased. 4 Learned advocate for the applicant submitted that applicant/accused is in custody from 27.09.2021. As per prosecution story, allegation against present applicant/accused is that he fired with the intention to kill the father of the complainant on his right leg. In MLC, Dr. Sharma also found that on the body of the father of complainant lacerated wound were caused by gunshot injury, but in postmortem there is no gunshot injury present in the body of Rajman- father of complainant. Co-accused Jairam Gurjar has been enlarged on bail vide order dated 24.11.2022 passed in M.Cr.C.No.50057/2022. Therefore, prayed for grant of bail. Learned advocate for the complainant as well as public prosecutor opposed the bail application. It is a matter of trial and therefore, at this stage he is not entitled to be released on bail. To rule out the discrepancy in MLC and postmortem report, both the doctors who conducted MLC and postmortem (Dr. Sarthak Juglan and Dr. Keshav Sharma) remain present in the Court. Dr. Keshav Sharma admitted his mistake that by mistake in MLC he has mentioned about the gunshot injuries, but aforesaid injuries were not caused by gunshot. Beside this, Dr. Juglan who conducted autopsy of both the deceased has specifically affirmed his report and stated that during postmortem, no gunshot injuries were found on the body of the deceased persons. Looking to the aforesaid circumstances of the case applicant is in custody since 27.09.2021, allegation against the gunshot injuries which were not confirmed by the medical report, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by 5 allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/-(Rs. Twenty Five thousand only) alongwith bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date. In case of default, the cash security of Rs. 25,000/- shall stand forfeited automatically. Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules. (DEEPAK KUMAR AGARWAL) JUDGE SUBASRI MANI 2022.12.02 11:47:32 -08'00'