Bablu Kushwah vs The State Of Madhya Pradesh

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-17862-2021
              Bablu Kushwah Vs. State of MP

Gwalior, Dated : 06.04.2021

      Shri Brajesh Tyagi, Counsel for the applicant.

      Smt. Uma Kushwah, Counsel for the State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 14.10.2020 in connection

with Crime No.553/2020 registered by Police Station Civil Line

Vidisha, District Vidisha for offence punishable under Sections 294,

323, 506, 302/34 of IPC.

      It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant along with other co-accused

persons had assaulted the deceased Sachin by lathi. It is submitted

that all the injuries are on non-vital parts like hands and legs. The

cause of death is rupture of spleen. There is no allegation that the

applicant had caused any injury in the abdominal region of the

deceased. Further, there is nothing on record to indicate that the

applicant had either knowledge or intention to cause death of the

deceased. The applicant was not aware that the deceased may suffer

rupture of spleen. Even otherwise, it is not the case of the prosecution

that the deceased had enlarged spleen. The applicant is in jail from

14.10.2020 and the trial is likely to take sufficiently long time and
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                   THE HIGH COURT OF MADHYA PRADESH
                              MCRC-17862-2021
                       Bablu Kushwah Vs. State of MP

       there is no possibility of his absconding or tampering with the

       prosecution case.

              Per contra, the application is opposed by the counsel for the

       respondent/State.

Heard the learned counsel for the parties. Considering the facts and circumstances of the case 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/- (Rs. One Lac only) 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.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.04.06 15:53:10 +05'30'