Pankaj Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 7298 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.55210/2021 Pankaj Kushwaha v. State of M.P.

Gwalior, Dated :11.11.2021

Shri Rinku Rathour, Counsel for the applicant.

Shri Alok Shrivastava Counsel for the State.

Case diary is available.

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

filed for grant of bail. Previous application was dismissed by order

dated 26.10.2021 passed in M.Cr.C. No. 49894/2021.

The applicant has been arrested on 25.09.2021 in connection

with Crime No.268/2021 registered at Police Station Girwai Distt.

Gwalior for offence under Sections 457, 380 of IPC.

It is submitted by the counsel for the applicant that first

application was rejected by order dated 26.10.2021 passed in M.Cr.C.

No. 49894/2021 with liberty to revive the prayer after undergoing

some reasonable period of detention. It is submitted by the Counsel

for the applicant that according to the prosecution case, the applicant

is alleged to have looted the mobile from the complainant which is

recovered from his possession, but the applicant is aged about 26

years and has no criminal antecedents. He is in jail for one and half

months. His long incarceration may bring him to the company of the

hard core criminals which may not be conducive for the future of the

applicant because the applicant wants to improve himself and to

become a good citizen. The Trial is likely to take sufficiently long

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.55210/2021 Pankaj Kushwaha v. State of M.P.

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. However, after going through the police case

diary, it is fairly conceded by the Counsel for the State that the

applicant has no criminal history.

Considering the facts and circumstances of the case, 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.

This order shall remain effective till the end of 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 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)
                                                                                              Judge
ar

     ABDUR         Digitally signed by ABDUR RAHMAN

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510cc133f1b56f

RAHMAN aa63e77b, pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D342048B7853E61 08263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.11 16:43:15 -08'00'