Madhya Pradesh High Court
Aman Kushwah vs The State Of Madhya Pradesh on 24 November, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
01 M.Cr.C. No.51927/2021
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.51927/2021
(Aman Kushwah vs. State of M.P. )
Gwalior, Dated: 24.11.2021
Shri Dheeraj Kumar Budholiya, learned counsel for the
applicant.
Shri Sangam Jain, learned Public Prosecutor for
respondent/State.
This is first application under Section 439 of Cr.PC for grant of bail.
The applicant has been arrested on 23.09.2021 in connection with Crime No.300/2015 registered at Police Station Civil Line, District Vidisha for offence under Section 34(2) of Excise Act.
It is submitted by learned counsel for applicant- Aman Kushwah that this is a case of bail jump, where the applicant has initially been granted bail by the trial Court. But thereafter he continuously remained absent before the trial Court, therefore, warrant of arrest was issued against him and in compliance of the same, he was arrested on 23.09.2021 after remaining absconding for four years. It is further submitted that the applicant shall regularly appear before the trial Court. Under these circumstances, learned counsel prays for grant of bail to the applicant.
Learned counsel for the State opposed the application and submitted that the applicant has misused the bail granted to him. Hence, prayed to reject the bail application of the applicant. 02 M.Cr.C. No.51927/2021
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.
Considering the submissions made by learned counsel for the applicant, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.
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 of which he is accused;
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; and
7. The applicant will inform the SHO of concerned police station about his/her/their residential address in the said area and it would be the duty of the Public 03 M.Cr.C. No.51927/2021 Prosecutor to send E-copy of this order to SHO of concerned police station for information.
Application stands allowed and disposed of.
E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava)
van Judge
VANDANA
VERMA
2021.11.24
16:24:07 -08'00'