Madhya Pradesh High Court
Jeetu Kushwah vs The State Of Madhya Pradesh on 7 May, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 THE HIGH COURT OF MADHYA PRADESH MCRC No.20679/2022 (JEETU KUSHWAH VS. STATE OF M.P.) Gwalior, Dated : 07/05/2022 Shri S.S.Rawat learned counsel for the applicant. Shri C.P.Singh, learned counsel for the State. Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 29/03/2022 in connection with Crime No.164/2022 registered at Police Station Kotwali, District Datia for offence under Sections 399, 400, 402 of IPC, Sections 11 and 13 of the MPDVPK Act and Section 25(1-B)A of the Arms Act.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant had assembled alongwith other co- accused persons for making preparation for committing dacoity. Although, it is alleged that the applicant was arrested on the spot and one country made pistol alongwith three live cartridges were seized, but he has been falsely implicated. In view of the criminal antecedents of the applicant, he is ready and willing to abide by any stringent condition, which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.20679/2022 (JEETU KUSHWAH VS. STATE OF M.P.) history and three criminal cases have been registered against him, out of which two cases were registered under Jua Act and one offence was registered under Section 25/27 of the Arms Act.
Considering the period of detention as well as nature of allegations and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Kotwali, District Datia on 1st of every month during the pendency of the Trial. In case of bail jump or non- appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.05.07
17:49:17 -07'00'