Bhola Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 261 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-61935-2021 Bhola Kushwah Vs. State of MP

Gwalior, Dated : 05.01.2022

Shri S.S. Rajput, Counsel for the applicant.

Shri Rajeev Upadhyay, Counsel for the State.

Case Diary is available.

This first application under Section 439 of CrPC has been filed

for grant of bail.

The applicant has been arrested on 26.10.2021 in connection

with Crime No.285/2021 registered at Police Station Myana Distt.

Guna for offence under Sections 302, 201 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, dead body of the father of the applicant was

found in a hut. Thereafter, the confessional statement of the applicant

was recorded under Section 27 of the Evidence Act, in which the

applicant is alleged to have admitted that he himself had killed his

father. It is submitted that so far as the confessional statement made

by the applicant is concerned, the same is not admissible. There is no

other incriminating and substantive evidence against the applicant.

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

counsel for the State. However, it is fairly submitted that except the

confessional statement, there is no substantive evidence against the

THE HIGH COURT OF MADHYA PRADESH MCRC-61935-2021 Bhola Kushwah Vs. State of MP

applicant.

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 Abhi ABHISHEK CHATURVEDI 2022.01.06 16:39:14 +05'30'