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Judgment
Roopesh Chandra Varshney, J
This common order shall govern disposal of all these three applications (M.Cr.C.No. 31949/23, 32528/23 and 32729/2023) as all these applications arises out of same crime number being Crime No. 58/2023 dated 23/4/2023 registered by Police Station Subhashpura, District Shivpuri for offence under Section 307, 34, 195, 120-B of IPC and Section 25 and 27 of Arms Act.
M.Cr.C. No. 31949/2023 & 32729/2023 are filed by applicants/accused Sonu Sharma and Lokendra Gurjar respectively, under Section 438 of Cr.P.C. for anticipatory bail as both applicants apprehend their arrest in the aforesaid crime number; whereas, M.Cr.C.No. 32528/2023 has been filed by accused Rajpal Singh under Section 439 of Cr.P.C. Applicant Rajpal Singh is in judicial custody since 1/7/2023 in connection with aforesaid crime number.
It is the submission of learned counsel for the applicants that applicants have been falsely implicated in the matter. They have no relation with the offence. It is in counter blast of the FIR which has been lodged by applicant Sonu Sharma himself against the accused persons alleging that they fired upon him; however, accused with the connivance of the police, got the investigation done in their favour, therefore, instead of real accused applicants also got impleaded as accused. Applicants are young youth and if they are not extended benefit of anticipatory bail / bail, there future shall be ruined and it will effect their professional / social inconvenience to them. Applicants are ready to abide by all the conditions as may be imposed by this court.
On the other hand, learned counsel for the State opposed the prayer and prayed for rejection of the bail applications.
Heard learned counsel for the parties and perused the case diary. From perusal of case diary, it is evident that during MLC when treating doctor enquired about the gunshot injury caused to applicant Sonu Sharma, he could not give satisfactory answer and thereafter on the basis of call details, their location and CCTV footage, police found the entire story cooked by applicants as false and therefore, against the applicant Sonu Sharma offence was added in the same FIR under Section 195 of Cr.P.C. and it is found during investigation, that applicant Rajpal Gurjar fired at the leg of Sonu Sharma and applicant Lokendra Gurjar alongwith co-accused Monu Sharma, Arjun Sharma and Monu Bhadauriya was a member of group to cook such a conspiracy therefore, additional offences under Sections 307, 34, 120-B of IPC and 25/27 of Arms Act were added against the applicants. The offence appears to be of serious nature and investigation is still going on therefore, arrest of absconding accused is necessary.
In these facts and circumstances of the case, applicants cannot be extended benefit of anticipatory bail / bail.
Applications sans merits and are hereby dismissed.