Naresh Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 5454 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.18320/2022 (NARESH KUSHWAH VS. STATE OF M.P.)

Gwalior, Dated : 13/04/2022

Shri Akhand Pratap Singh, learned counsel for the applicant.

Shri A.K.Nirankari, learned counsel for the State.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 24/03/2022 in connection

with Crime No.88/2017 registered at Police Station GRP B.G.,

District Gwalior for offence under Sections 356, 379 and 411 of IPC

and Section 11 and 13 of the MPDVPK Act.

It is submitted by the counsel for the applicant that it is a case

of bail jump. He fairly conceded that right from the day one, the

applicant never appeared before the Trial Court and all the times an

application under Section 317 of Cr.P.C. was filed. He further

submitted that because of the absence of the applicant and other co-

accused persons even the charges could not be framed even after four

long years of pendency of the trial. On 05/10/2021 neither any

application under Section 317 of Cr.P.C. was filed nor the applicant

was present and accordingly, his bail bonds were forfeited and

perpetual warrants of arrest was issued. It is submitted that he is in

jail form 23/03/2022, he has learnt a lesson and he would regularly

appear before the Trial Court without moving any application under

THE HIGH COURT OF MADHYA PRADESH MCRC No.18320/2022 (NARESH KUSHWAH VS. STATE OF M.P.)

Section 317 of Cr.P.C. It is further submitted that according to the

prosecution case, on 28/02/2017, theft was committed in a running

Sampark Kranti Express Train and a ladies purse of the complainant

was stolen, which was carrying an Aadhar Card, four more Samsung

company mobile phones and an amount of Rs.15,000/- with a

traveling ticket. It is submitted that it is true that one mobile of the

complainant has been seized from the possession of the applicant but

he is a young boy aged about 25 years and he 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 in order to show his bonafides not only he

is ready and willing to deposit the amount of bail bond executed by

him on the earlier occasion but he is also ready and willing to furnish

case surety.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that only because of non

appearance of the applicant and co-accused persons, even the charges

could not be framed so far in spite of the fact that the offence was

committed in the year 2017.

Considering the totality of the facts and circumstances of the

case, this Court is of the considered opinion that the applicant shall

be released on bail on depositing the amount of bail bond executed

THE HIGH COURT OF MADHYA PRADESH MCRC No.18320/2022 (NARESH KUSHWAH VS. STATE OF M.P.)

by the applicant on earlier occasion as well as on furnishing cash

surety of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand) 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.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

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.

The deposit of amount of bail bond shall be a condition

precedent for release of the applicant.

With aforesaid observation, the application is Allowed.

Certified copy as per rules.

                                                                   (G.S. Ahluwalia)
Pj'S/-                                                                   Judge

  Digitally signed by
  PRINCEE BARAIYA
  Date: 2022.04.13
  15:03:21 -07'00'