Madhya Pradesh High Court
Harmesh Kushwah vs The State Of Madhya Pradesh on 16 December, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 MCRC-58898-2021
The High Court Of Madhya Pradesh
MCRC No. 58898 of 2021
(HARMESH KUSHWAH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, Dated : 16-12-2021
Presumably, due to call given by Bar Association, MP High Court,
Gwalior Bench, advocates are abstaining from Court work.
The representative from the Office of Advocate General, Gwalior
appeared on behalf of State along-with Case Diary.
Therefore, the matter is heard finally on the basis of documents
available on record as well as impugned order passed by Court below.
Applicant Harmesh Kushwah has filed this f o u r t h application
u/S.439 Cr.P.C for grant of bail. He has been arrested on 18/02/2021 by
Police Station Ater, District Bhind in connection with Crime No. 10/2021 for
the offences punishable under Sections 363, 366, 376 of IPC and under
Section 5/ 6 of POCSO Act.
In the bail application, it is stated on behalf of the applicant that the
applicant is in custody since 18/02/2021. He has not committed any offence
and he has falsely been implicated in the case. Although, first application was
dismissed on merits vide order dated 28/05/2021 passed in MCRC No.25019
of 2021, second application was dismissed as withdrawn vide order dated
16/08/2021 passed in MCRC No. 35514 of 2021 and third application was
dismissed on merits vide order dated 20/09/2021 passed in MCRC No.45098
of 2021 but till now, six prosecution witnesses have been examined and they
have not supported the prosecution case. Even, prosecutrix has also not
supported the prosecution case. Conclusion of trial will take its own time.
Applicant is ready and willing to abide by any condition which may be
imposed by this Court. Hence, the applicant prays for grant of bail.
Perused documents available on record as well as the case diary.
Considering the facts and circumstances of the present case, and the
fact that applicant is in custody since 18/02/2021, six prosecution witnesses
have been examined and they have not supported the prosecution case and
2 MCRC-58898-2021
the conclusion of trial will take its own time, without commenting upon the
merits of the case, application is allowed and it is hereby directed that
applicant shall be released on bail on his furnishing personal bond of
Rs.75,000/-(Rupees seventy five thousand only) with one solvent surety
in the like amount to the satisfaction of the Court concerned for his regular
appearance before the trial Court concerned on the dates fixed by it.
This order will remain operative subject to compliance 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The applicant shall mark his presence before the SHO of the concerned police station once in every month till conclusion of trial.
Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for compliance.
Certified copy/ e-copy as per rules/directions.
3 MCRC-58898-2021 (RAJEEV KUMAR SHRIVASTAVA) JUDGE MKB Digitally signed by MAHENDRA BARIK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, MAHENDRA BARIK postalCode=474001, st=Madhya Pradesh, 2.5.4.20=8c6d4d6122d7ee987e457a3bec5922cacbc050c998981397a35d9 758a2b55074, pseudonym=61167CBF346371FDA4919D07819090142FCCA056, serialNumber=AB90F893988F10D718DA01F8065D87F25DDC9B6C8C3FF0 E5E280DD36D476F6BA, cn=MAHENDRA BARIK Date: 2021.12.16 16:48:34 +05'30'