Madhya Pradesh High Court
Rajendra Kushwah @ Chotu vs The State Of Madhya Pradesh on 25 February, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1
MCRC-6320-2020
THE HIGH COURT OF MADHYA PRADESH
MCRC-6320-2020
[Rajendra Kushwah @ Chotu vs. State of M.P.]
Gwalior, Dated 25/2/2020
Shri R.K. Bohre, learned counsel for the applicant.
Shri KPS Sengar, learned Panel Lawyer/Public Prosecutor for
the respondent/State.
Case diary is available.
This is second application under Section 439 of CrPC for grant of bail. Earlier application was dismissed as withdrawn by this Court on 21/11/2019 passed in M.Cr.C. No.45495/2019.
The applicant has been arrested in connection with Crime No.472/2019 registered at Police Station Bahodapur, District Gwalior for offence punishable under Sections 307, 323, 294, 34 of IPC.
It is submitted by counsel for the applicant- Rajendra Kushwah @ Chotu that this is second bail application of the applicant after rejection of earlier one which was dismissed as withdrawn at the very outset. The present applicant is in custody about five months as other co-accused have not been arrested by the police. It is further submitted that the trial will take time. The applicant has no criminal history and he is ready and willing to abide by any condition which may be imposed by this Court. There 2 MCRC-6320-2020 is no possibility of his absconding or tampering with the prosecution case. Hence, prayed for grant of bail to the applicant.
Per contra, learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that bail applications of the co-accused persons have already been rejected and some other co-accused of this case are still absconding . Hence, no case is made out for grant of bail to the applicant.
Looking to the allegations levelled against the applicant as well as its gravity, at this stage, this Court is not inclined to grant bail to the applicant.
Accordingly, this 2nd bail application is rejected.
(Rajeev Kumar Shrivastava) Judge pwn* Pawan Kumar 2020.02.27 11:53:46 +05'30'