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Madhya Pradesh High Court

Manoj Kushwah vs The State Of Madhya Pradesh on 16 June, 2021

Author: Anand Pathak

Bench: Anand Pathak

                  HIGH COURT OF MADHYA PRADESH
             1                                M.Cr.C.No.28793/2021
                  (Manoj Kushwah Vs. State of M.P. )

Gwalior : Dated 16/6/2021
     Shri Sushil Goswami, learned counsel for the applicant.

      Shri       Lokendra   Shrivastava,   learned   PP   for   the

respondent/State.

With consent, matter is heard finally. The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 24.12.2020 by Police Station, Kotwali Datia, District Datia, in connection with Crime No.499/2020 for the offence punishable under Sections 420, 467, 468, 484, 485, 486, 471, 474 of IPC, Section 34(2) of the Excise Act and Sections 130(3), 177 of the Motor Vehicle Act.

At the outset, learned counsel for the applicant confined his arguments to the extent of grant of temporary bail on the basis of marriage of his sister which is likely to be solemnized on 18 th June, 2021.

Counsel for the respondent/State verified the facts and on the basis of report submitted by SHO, police Station, Kotwali, Distt. Datia, submits that applicant's family consists of two brothers and one sister. His sister is going to be married on 18 th June, 2021.

Heard learned counsel for the parties at length through VC HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.28793/2021 (Manoj Kushwah Vs. State of M.P. ) and considered the arguments advanced by them.

Considering the submissions and verification report so placed by the respondent/State, it is hereby directed that the applicant shall be released on temporary bail for a period of ten days on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) along with two solvent sureties in the like amount to the satisfaction of trial Court. The applicant shall surrender before the trial Court on or before 30th June, 2021.

After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid-19.

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 them 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 ;

HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.28793/2021 (Manoj Kushwah Vs. State of M.P. )

5. Applicant will not seek unnecessary adjournments during trial and he shall not be a source of embarrassment/harassment to the prosecution witnesses in any manner; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(Anand Pathak) Judge ms/-

MADHU SOODAN PRASAD 2021.06.17 13:03:28 -07'00'