Madhya Pradesh High Court
MCRC/51625/2018 of BRAJESH KUSHWAH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
No.51625/2018 THE HIGH COURT OF MADHYA PRADESH
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1 M.Cr.C. No.51625/2018
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.51625 /2018
(Brajesh Kushwah vs. State of M.P.)
Gwalior, Dated : 31.12.2018
Shri Samar Ghuraiya, counsel for the applicant.
Shri Yogesh Chaturvedi, Public Prosecutor for therespondent/State.
Case Diary is available.
This is third application filed under Section 439 of Cr.P.C.for grant of bail.
The applicant has been arrested on 27.09.2018 inconnection with Crime No.14/2018 registered by Police StationJanak Ganj, District Gwalior for offences punishable underSections 147, 148, 149, 452,294,323, 336,506 and furtheradded Sections 25B and 427 of IPC.
It is submitted by the counsel for the applicant thataccording to the prosecution case the applicant had assaultedinjured Parwati on her nose by means of sword, however, noincised wound has been found on the face of injured Parwati. Acounter-case has also been registered against the complainantparty. The applicant is in jail for the last nearabout threemonths. It is submitted that the trial will take sufficiently along time and there is no possibility of his absconding ortampering with prosecution case.
Per contra, the application is opposed by the counsel forthe respondent/State. It is submitted by the learned counselfor the State that the applicant has a criminal history.
Considering the facts and circumstances of the case andwithout commenting on the merits of the case, the applicationis allowed. It is directed that the applicant be released on bailon furnishing a personal bond in the sum of Rs.1,00,000/-(Rs. one lac Only) with one surety in the like amount to thesatisfaction of the Trial Court/Committal Court to appear beforethe Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear 2 M.Cr.C. No.51625/2018
before the S.H.O. Police Station Janak Ganj, District Gwalior on1[st] of every month during the pendency of the trial. In case ofbail jump or non-appearance of the applicant before the policestation as directed by this Court, this order shall loose itseffect.
Certified copy as per rules.
(G.S. Ahluwalia) V.Judge
Meh/-
Digitally signed by MEHFOOZ AHMED Date: 2018.12.31 17:08:07 +05'30'