Rinku Kushwah @ Yohesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3014 MP

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        THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.28529/2021
         Rinku Kushwah @ Yohesh vs. State of M.P.

                    Through Video Conferencing

Gwalior, Dated : 06.07.2021

      Shri Atul Gupta, Counsel for the applicant.

      Smt.      Padmshri   Agrawal,    Panel    Lawyer     for   the

respondent/State.

Case diary is available.

This sixth application under Section 439 of Cr.P.C. has been

filed for grant of bail. The fifth application was dismissed by order

dated 9.12.2020 passed in M.Cr.C. No.48945/2020.

The applicant is in jail from 02.05.2017 in connection with

Crime No.48/2017 registered at Police Station Gohad Chauraha,

District Bhind for offence under Sections 396 and 460 of IPC,

under Section 11/13 of MPDVPK Act and under Section 25/27 of

the Arms Act.

This repeat bail application has been filed primarily on the

ground of period of custody. The applicant is in jail for the last

more than four years and two months. According to the prosecution

case, the batteries which are used in mobile tower were looted after

killing the Chowkidar. It is submitted that although the

Investigating Officer has been examined but out of 46 witnesses,

THE HIGH COURT OF MADHYA PRADESH MCRC No.28529/2021 Rinku Kushwah @ Yohesh vs. State of M.P.

34 have been examined so far.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. It is submitted by the counsel for

the State that as many as 13 criminal cases have been registered

against the applicant.

Considering the criminal antecedents of the applicant as well

as considering the statement of the Investigating Officer, no case is

made out for grant of bail. However, the Trial Court is directed to

conclude the trial within a period of six months from today.

It is made clear that in the light of the judgment passed by the

Supreme Court in the case of Ankit Maheshwari @ Chintoo Vs.

State of M.P. by order dated 14/08/2020 passed in SLP (CRL.)

No.11315/2019 as well as the administrative order issued by the

Registry of this Court, the Trial Court shall not keep the trial in

abeyance in the light of Covid 19 pandemic.

With aforesaid observation, the application is dismissed.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2021.07.06 20:34:57 +05'30'