Murari Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 651 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     MCRC.477/2022
              Murari Kushwaha v. State of M.P.

Gwalior, Dated: 13.01.2022

      Shri Brijesh Tyagi, counsel for the Applicant.

      Shri APS Tomar, Counsel for the State.

      Shri Upendra Yadav, Counsel for the complainant.

      Case Diary is available.

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

filed for grant of bail. Previous application was dismissed by order

dated 4.12.2021 passed in M.Cr.C. No. 58401/2021.

      The applicant has been arrested on 19.08.2021 in connection

with Crime No.335/2021 registered by Police Station Joura Distt.

Morena for offence punishable under Sections 307, 325, 323, 294,

506, 34 of IPC.

      It is submitted by the counsel for the applicant that second

application was dismissed as withdrawn by order dated 4.12.2021

passed in M.Cr.C. No. 58401/2021 with liberty to revive after

undergoing some reasonable period of detention. The applicant is in

jail from 19.08.2021 and he has completed more than four and half

months and according to the prosecution case there was a free fight

between the parties. A cross case has also been registered and the

applicant had also suffered injuries in the assault made by the

complainant party. Even otherwise, the allegations are that the

applicant assaulted the injured Bachchu Singh by means of a lathi,
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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC.477/2022
               Murari Kushwaha v. State of M.P.

however, no injury was caused on the vital part of the injured

Bachchu Singh. Even otherwise, no grievous injury was sustained by

Bachchu Singh. So far as multiple fractures suffered by injured

Rajesh is concerned, the said gun shot was fired by Shivraj. The Trial

is likely to take sufficiently long time and there is no possibility of

his absconding or tampering with the prosecution case and in the

wake of Covid-19 pandemic, his bail application may be considered

sympathetically.

      Per contra, the application is opposed by the counsel for the

respondent/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) 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

THE HIGH COURT OF MADHYA PRADESH MCRC.477/2022 Murari Kushwaha v. State of M.P.

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2022.01.13 17:16:41 +05'30'