Vikesh Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 7514 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No.54077/2021
               Vikesh Kushwah Vs. State of M.P.

Gwalior, Dated : 17/11/2021

       Shri M.S. Rawat, Counsel for applicant.

       Shri A.K. Nirankari, Public Prosecutor for the respondent/State.

Case diary is available.

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

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

dated 1.6.2021 passed in M.Cr.C.No.25173/2021.

The applicant has been arrested on 22.2.2021 in connection

with PRO No.669/2003 registered by Police Station Forest

Department Range Satanwada, District Shivpuri for offence

punishable under Sections 9, 39, 44, 49, 51 of Wild Life (Protection)

Act.

According to the prosecution case, one Ratanlal Mogiya was

alleged to have killed Sambhars and the allegations against the

applicant are that he has purchased the meat and was cooking the

same. It is submitted by the counsel for the applicant that he has been

falsely implicated and is in jail from 22.2.2021 i.e. approximately 09

months. Charge sheet has been filed. The applicant has no criminal

history. The trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with the prosecution case.

It is further submitted that the co-accused Arjun and Virendra who are

identically placed have been granted bail by the Co-ordinate Bench of

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.54077/2021 Vikesh Kushwah Vs. State of M.P.

this Court by order dated 10.11.2021 passed in

M.Cr.C.No.52875/2021.

Per contra, the application is vehemently opposed by counsel

for the State. It is submitted that 1 ½ Kgs. of raw meat as well as

cooked meat was seized from the possession of the applicant

including the co-accused Arjun and Virendra.

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 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 trial but in case

of bail jump, it shall become ineffective.

Since, this application is being allowed merely on the ground

of period of detention, therefore, before releasing the applicant on

bail, the Court below shall verify as to whether the applicant was ever

released on temporary parole in the wake of Covid 19 pandemic or

not. If it is found that the applicant was released on temporary parole,

then this order shall automatically lose its effect and the Court below

shall not be under obligation to release the applicant on bail.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.54077/2021 Vikesh Kushwah Vs. State of M.P.

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

(alok)

ALOK KUMAR 2021.11.18 18:18:34 +05'30'