Rusheshwar Rao Karukola @ Rushi vs The State Of Madhya Pradesh on 9 May, 2022

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Madhya Pradesh High Court

Rusheshwar Rao Karukola @ Rushi vs The State Of Madhya Pradesh on 9 May, 2022

Bench: Deepak Kumar Agarwal

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                 BEFORE
              HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                              ON THE 9th OF MAY, 2022

                 MISC. CRIMINAL CASE No. 23085 of 2022

           Between:-
           RUSHESHWAR RAO KARUKOLA @ RUSHI S/O
           LT JAGANNATH RAO KARUKOLA , AGED
           ABOUT 28 YEARS, OCCUPATION: PVT. SERVICE
           CHHAVITHI PETHA P S KOTA BOMMALI
           (ANDHRA PRADESH)

                                                                  .....PETITIONER
           (BY SHRI S.K. GUPTA, ADVOCATE)

           AND

           THE STATE OF MADHYA PRADESH INCHARGE
           POLICE STATION P.S. PURANI CHHWANI
           (MADHYA PRADESH)

                                                               .....RESPONDENTS
           (BY SHRI NIRMAL SHARMA, PUBLIC PROSECUTOR)

       This application coming on for admission this day, the court passed the
following:
                                     ORDER

This is second bail application filed by the applicant for grant of bail. His first application was dismissed on merits with liberty to come again after examination of main witnesses by order dated 1.9.21 passed in M.Cr.C.42927/21.

Applicant has been arrested on 2.7.21 by Police Station, Purani Chhawni District Gwalior in connection with Crime No.272/2021 for the offence punishable under Sections 489 [k, 489 x, 34 of IPC.

In brief, the prosecution case is that from the possession of present 2 applicant smartphone of vivo company in which a sim of idea company was fitted was seized. Applicant was arrested. Statements of seizure witnesses Harendra (PW-3) and Rahul (PW-4) have been recorded. They have not supported the story of prosecution.

F ro m the side of applicant-accused it is submitted that applicant is innocent and he has been falsely implicated in the offence. Applicant-accused is in custody since 2.7.21. After investigation, charge-sheet has been filed. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.25,000/- alongwith bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one local 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 any default, case security of Rs.25000/- shall be forfeited without giving any notice.

Application stands allowed and disposed of.

Certified copy as per rules.




YOGENDRA
OJHA
2022.05.09
                                                    (DEEPAK KUMAR AGARWAL)
20:03:31                                                     JUDGE
+05'30'
        3
ojha

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