Ajay Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 6868 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-52095-2021 Ajay Kushwah Vs. State of MP

Gwalior, Dated: 26-10-2021

Shri D.K. Pathak, Counsel for the applicant.

Shri B.M. 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. First bail application of the applicant was

withdrawn from the Coordinate Bench of this Court. However,

because of transfer of the Hon'ble Judge, this matter has been listed

before this Bench.

The applicant has been arrested on 15.06.2021 in connection

with Crime No.110/2021 registered at Police Station Cheenor Distt.

Gwalior for offence under Section 392 of IPC and Section 11/13 of

MPDVPK Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, on 13.06.2021 complainant and his wife were

looted by three persons on the gun point and bag of the wife of the

complainant which was containing certain gold ornaments, was taken

away. It is submitted that although one silver Payal, two silver

bangles are alleged to have been seized from the possession of the

applicant. The applicant was put for Test Identification Parade after

three and half months of his arrest. It is further submitted that first

bail application was withdrawn with liberty to revive the prayer after

THE HIGH COURT OF MADHYA PRADESH MCRC-52095-2021 Ajay Kushwah Vs. State of MP

completion of investigation and filing of charge-sheet. The charge-

sheet has been filed. The applicant has no criminal history. The

applicant is ready and willing to abide by any condition which may

be imposed by this Court. It is further submitted that the bail

application of the co-accused Munendra Singh was also dismissed

with liberty to revive the prayer after filing of charge-sheet.

Per contra. the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded by the counsel

for the State that the applicant was put for Test Identification Parade

on 01.10.2021 and it is further submitted that as per the case diary,

there is nothing on record to indicate the criminal antecedents.

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 HIGH COURT OF MADHYA PRADESH MCRC-52095-2021 Ajay Kushwah Vs. State of MP

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 Abhi ABHISHEK CHATURVEDI 2021.10.26 17:53:20 +05'30'