Mukesh Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 401 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.63287/2021
               Mukesh Kushwaha vs. State of M.P.

Gwalior, Dated : 07/01/2022

      Shri Romesh Pratap Singh, Counsel for the applicant.

      Shri C.P. Singh, Panel Lawyer 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 22.9.2020 in connection with

Crime No.174/2020 registered at Police Station Karera, District

Shivpuri for offence under Sections 304-B, 498A, 34 of IPC and under

Section 3/4 of Dowry Prohibition Act.

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

was married to the deceased on 24.7.2017 and she committed suicide

by hanging on 24.3.2020. It is submitted that since the nation wide

lockdown was already in operation, therefore, the applicant has been

arrested on 22.9.2020. By referring to the statements of the witnesses,

it is submitted that the only allegations are that the applicant and other

co-accused persons demanded Rs.2,00,000/- and on account of non-

fulfillment of the said demand, she was being harassed. It is submitted

that the prosecution witnesses are not appearing before the Trial

Court. By referring to the order sheet dated 27.9.2021, it is submitted

that although the summons were served on the prosecution witnesses

Kallu and Harvilas but they did not appear and, accordingly, the

bailable warrant of arrest have been issued. The trial is likely to take
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                 THE HIGH COURT OF MADHYA PRADESH
                          MCRC No.63287/2021
                     Mukesh Kushwaha vs. State of M.P.

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

      tampering with the prosecution case. It is further submitted that all the

      accused persons have been granted bail.

            Per contra, the application is vehemently opposed by the

      counsel for the State.

            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.

            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)
 (alok)                                                         Judge



ALOK KUMAR
2022.01.07

16:50:49 +05'30'