Madhya Pradesh High Court
MCRC/4896/2024 of AJAY KUSHWAH Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4896 of 2024
BETWEEN:-
AJAY KUSHWAH S/O SHRI OMPRAKASH KUSHWAH,AGED 22 YEARS, R/O MAHAGAON @ BHATTA GAON, PSSADAR BAZAR, DISTRICT JHANSI (UTTAR PRADESH)
(BY SHRI HARSHVARDHAN SHARMA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION KOTWALI DISTRICT DATIA (MADHYAPRADESH)
(BY SHRI PRABHAT PATERIYA - DY. PUBLIC PROSECUTOR)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 342 of 2023 registered atPolice Station Kotwali, District Datia (M.P.) for the offence under Sections 399,400, 402 of IPC and Section 11, 13 of MPDVPK Act and Section 25, 27 ofArms Act.
Learned counsel for the applicant argued that applicant is an innocent personand has been falsely implicated. Baka has been seized from the possession ofthe applicant. After conclusion of the investigation, charge-sheet has alreadybeen filed, therefore, his custodial interrogation is not required anymore. It is further submitted that co-accused Umesh Parihar and Monu Pal have alreadybeen enlarged on bail by the Coordinate Bench of this Court vide orders dated23.08.2023 in M.Cr.C.No.36153 of 2023 and 29.12.2023 in M.Cr.C.No.52168of 2023 respectively. The applicant is in custody since 31.05.2023. Conclusionof trial is likely to take time and there is no likelihood of his absconsion, ifreleased on bail. On these grounds, he prays for grant of bail to the applicant.
P e r contra, learned Dy. Public Prosecutor for respondent/Statevehemently opposed the bail application and prayed for its dismissal.
Heard learned counsel for the rival parties and perused the case diaryavailable on record.
Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and it isdirected that the applicant be released on bail on furnishing a personal bond inthe sum of Rs.1,00,000/- (Rupees One Lac Only) with one local solventsurety in the like amount to the satisfaction of the trial Court.
This order will remain operative subject to compliance of the followingconditions by the applicant:-
1) The applicant will comply with all the terms andconditions of the bond executed by him; conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, asthe case may be;the case may be;
3) The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, asthe case may be;
4) The applicant shall not commit an offence similar to theoffence of which he is accused;offence of which he is accused;
5) The applicant will not seek unnecessary adjournments during the trial; and
6) The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the casemay be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information andnecessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
AK/-
(SUNITA YADAV)JUDGE