Girraj Gurjar vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:33314
1 CRA-9247-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
th
ON THE 30 OF OCTOBER, 2026
CRIMINAL APPEAL No. 9247 of 2026
CNR No.: MPHC030294562026
GIRRAJ GURJAR
Versus
THE STATE OF MADHYA PRADESH AND ANR
Appearance:
Mrs. Nasir Khan and Shri Abhishek Tiwari, learned counsel for the
appellant.
Shri Harish Sharma - Public Prosecutor for State.
ORDER
The appellant has filed this criminal appeal under Section 14-A(2) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in
short "SC/ST Act") being aggrieved by order dated 01.10.2026 passed by Special
Judge, (Atrocities), Morena, whereby bail application under Section 483 of BNSS
of appellant has been dismissed.
2. Learned Counsel for the State submits that the victim has been informed
about filing of this appeal in compliance with mandate of Section 15-A of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Appellant has been arrested on 15.04.2025 in connection with Crime
No.152/2025 registered at Police Station- Civil Line, District Morena for
the offences punishable under Sections 103(1), 109, 351(2), 191(2), 191(3) and
190 of BNS and 3(2)(V), 3(1)(da) and 3(1)(dha) of the Scheduled Castes and
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 31-Oct-26
11:36:21 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33314
2 CRA-9247-2026
Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. As per the prosecution case, on 14.04.2025, while the complainant
Sumit Jatav, his brother Sanjay and others were participating in a rally, the
accused persons allegedly stopped them at village Hinona, abused them and used
caste-related abusive words. As per allegation, appellant fired at Sanjay, causing a
firearm injury to his head, while another shot by the present appellant which hit
Ranu Jatav. Dharmveer and Mahendra also allegedly fired shots. Sanjay
succumbed to his injuries, whereas Ranu was taken to the hospital for treatment.
On the basis of the complaint, the present offence was registered against the
accused persons.
5. Learned Counsel for the appellant submits that appellant is innocent and
has falsely been implicated in the crime. Learned counsel for the appellant
submits that the appellant is in jail since 15.04.2025 solely on the basis of
omnibus allegations. It is further submitted that all the prosecution witnesses
including the eye-witnesses, complainant, and injured (PW-4 to PW-7) have been
examined, and all of them have turned hostile, failing to support the prosecution
story. In such circumstances, the allegation that the appellant fired a gunshot
remains unsupported by the testimony of any prosecution witness. Furthermore, it
is submitted that the appellant had no motive or intention to cause injury to
anyone. He has been in custody since 15.04.2025 and investigation in the matter
is over by filing of charge-sheet before the trial Court; therefore, chances of
tampering with evidence/witnesses are remote and further custodial interrogation
of the appellant is no more required. Moreover, most of the co-accused persons
were granted bail by this Court and case of present appellant is on better footing
therefore, he seeks parity. Trial is likely to take long time to conclude and
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 31-Oct-26
11:36:21 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33314
3 CRA-9247-2026
material placed on record does not disclose the possibility of the appellant fleeing

from justice. He undertakes to cooperate in trial. The appellant is ready and
willing to abide by any conditions which may be imposed by the Court. On
these grounds, he prays that the impugned order be set aside and appellant may be
extended the benefit of bail.
6. Per contra, learned counsel for State opposed the appeal and prayed for
dismissal of the appeal.
7. Heard learned counsel for the parties and perused the case diary.
8. Considering the submissions made by counsel for the parties and the
attending facts and circumstances of the case, especially the fact that all the
material witnesses including eye-witness as well as injured have turned
hostile and have not supported the prosecution story and also trial will take
time to conclude, without commenting upon the merits of the case, this appeal
stands allowed by setting aside the impugned order and it is directed that the
appellant be released on bail on his furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like
amount to the satisfaction of the concerned trial Court.
9. This order will remain operative subject to compliance of the following
conditions by the appellant:-
(i). The appellant will comply with all the terms and conditions of the
bond executed by him;
(ii). The appellant will cooperate in the investigation/trial, as the case
may be;
(iii). The appellant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so
as to dissuade him/her from disclosing such facts to the Court or to the
Police Officer, as the case may be;
(iv). The appellant shall not commit an offence similar to the offence
of which he is accused;
(v). The appellant will not seek unnecessary adjournments during the
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 31-Oct-26
11:36:21 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33314
4 CRA-9247-2026
trial; and
(vi). The appellant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.

10. A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules
(PUSHPENDRA YADAV)
JUDGE
Ashish*

Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 31-Oct-26
11:36:21 AM