Shivraj Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 1562 MP

                              1
           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.5255/2022
               Shivraj Kushwah vs. State of M.P.

                      Through video conferencing

Gwalior, Dated : 03.02.2022

       Shri Brajesh Tyagi, Counsel for the applicant.

       Shri R.K. Awasthi, Counsel for the respondent/State.

Shri Prashant Singh Kaurav, Counsel for the complainant.

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 25.08.2021 in connection

with Crime No.335/2021 registered at Police Station Joura, District

Morena for offence under Sections 307, 325, 323, 294, 506, 34 of

IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant had fired a gunshot causing injury

below the eye of injured Rajendra. He is in jail for the last five and

half months. His wife is due for delivery. There is a cross-case and in

view of the personal difficulty of the applicant, his bail application

may be considered sympathetically. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC No.5255/2022 Shivraj Kushwah vs. State of M.P.

counsel for the State as well as counsel for the complainant.

Considering the period of detention as well as the fact that the

wife of the applicant is due for delivery and 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.

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)
Aman                                                                     Judge
 AMAN TIWARI
 2022.02.03
 16:42:30 +05'30'