Dharmendra Kushwah vs The State Of Madhya Pradesh on 3 January, 2023

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Madhya Pradesh High Court

Dharmendra Kushwah vs The State Of Madhya Pradesh on 3 January, 2023

Bench: Deepak Kumar Agarwal

                                    1
 IN      THE         HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 3 rd OF JANUARY, 2023
                 MISC. CRIMINAL CASE No. 59866 of 2022

BETWEEN:-
DHARMENDRA KUSHWAH S/O SHRI LAKHKHU
KUSHWAH, AGED ABOUT 25 YEARS, OCCUPATION:
LABOURER, R/O GRAM SALODA, POLICE STATION-
POHRI, DISTRICT- SHIVPURI (MADHYA PRADESH)

                                                               .....APPLICANT
(BY SHRI AKHAND PRATAP SINGH- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- POHARI, DISTRICT- SHIVPURI (MADHYA
PRADESH)

                                                            .....RESPONDENTS
(BY SHRI B.M. SHRIVASTAVA- PUBLIC PROSECUTOR)

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

Case Diary is perused.

Learned counsel for the rival parties are heard. This is the FIRST bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 19/07/2022 by Police Station- Pohri, District- Shivpuri (M.P.) in connection with Crime No.163/2022 for the offence punishable under Sections 302 and 397 of IPC and Sections 11/13 of M.P.D.V.P.K. Act.

Prosecution story, in short, is that on 10/07/2022 the complainant- Shrilal gave an information to the police Station- Pohri, District- Shivpuri that living room of Gopal Das Maharaj was locked from outside and bad odor was coming from inside. When the complainant and other villagers peeped into the room, Gopal Das (since deceased) was lying down on the cot and his neck was tilted down. On his body, insects were present. On his information, merg No.25/2022 was recorded. Dead body panchnama was prepared. Dead body was sent for postmortem. As per postmortem report, cause of death of Gopal Das was due to intracranial hemorrhage due to head injury as a result of heavy and sharp object within 3-7 days since postmortem examination. Thereafter, statements of the wife and sons of the deceased were recorded in which they stated that somebody killed the deceased. Thereafter, FIR was registered against unknown persons. After that, applicant was arrested on 19/07/2022 and his statement under Section 27 of Evidence Act has been recorded and from his possession, keys of lock, Samagra ID and one mobile phone were seized.

Learned counsel for the applicant submits that the applicant is aged about 25 years and he has been falsely implicated in the case. After investigation, charge sheet has been filed, therefore, further custodial interrogation is not required in the matter. The applicant is in custody since 19/07/221 and he is the permanent resident of District- Shivpuri (M.P.). The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Per contra, learned Public Prosecutor for the State opposed the application and prayed for dismissal of the application.

Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the 3 application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash surety of Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of 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, cash security of Rs.25,000/- shall be forfeited without giving any notice.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance. Certified copy/e-copy as per rules/direction.

(DEEPAK KUMAR AGARWAL) JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab6 76d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00 D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED91 0FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.01.04 14:33:59 +05'30'

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