Madhya Pradesh High Court
Rahul Kushwah vs The State Of Madhya Pradesh on 31 July, 2015
1 Mcrc.7586.2015
Rahul Kushwah Vs. State of M.P.
31/07/2015
Shri Ranjeet Khanwilkar, counsel for applicant-
Rahul Kushwah.
Shri Vijay Sundaram, Panel Lawyer, for the
respondent/State.
Heard.
This is first bail application preferred under Section 439 of Cr.P.C. by the applicant.
The applicant has been arrested in connection with Crime No.378/2015 registered at Police Station Dabra, District Gwalior (M.P.), for the offence punishable under Sections 307, 450, 147, 148, 149, 294 of IPC.
According to the prosecution case, on 20.06.2015 at about 09 pm, there was some verbal altercation in between the son of the complainant and mother of Naveen. On account of it, Naveen alongwith Ramlal, Rahul, Gulshan and three unknown persons came at about 11:45 pm. They pushed the door of the house of the complainant. Ramlal was armed with a gun, Gulshan with Katta and other unknown person with gun (bandook). They entered into the house of the complainant and started abusing to the complainant and his son. When the complainant and his son objected then Ramlal fired from his gun which hit on the left leg of Lalo. When Rani and Bhashi Bai tried to catch hold of the gun of Ramlal and one unknown person they made fires in the air.
2 Mcrc.7586.2015 Rahul Kushwah Vs. State of M.P. It is submitted by the learned counsel for the applicant that applicant has not committed any offence and he has falsely been implicated in the matter. There is no allegation against the applicant for causing injury. Mere presence has been alleged against him. Further, it is submitted that there is no likelihood of his absconsion. On these premised submissions, learned counsel for the applicant submits that the applicant may be enlarged on bail.
Learned Panel Lawyer opposed the bail application and prayed for its rejection.
Case diary perused.
As per medical report of Lalo, injury over left leg has been found. Muscle was found exposed; blackening of skin was found. Rani sustained two abrasions and one bruise.
After taking into consideration the allegation against the present applicant coupled with the fact that the applicant is in custody since 06.07.2015 and since there is no likelihood of his absconsion, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing 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 Trial Court.
This order will remain operative subject to compliance 3 Mcrc.7586.2015 Rahul Kushwah Vs. State of M.P. of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant 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;
4. The applicant shall not commit an offence similar to the 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 previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(D.K. Paliwal) Judge pd