Vikesh Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 3095 MP

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           THE HIGH COURT OF MADHYA PRADESH
                       MCRC No.9283/2022
                 Vikesh Kushwah vs. State of M.P.

Gwalior, Dated : 04/03/2022

      Shri M.S. Rawat, Counsel for the applicant.

      Shri A.K. Nirankari, Counsel for the respondent/State.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 22.2.2021 in connection with

PRO No.669/2003 registered at Police Station Forest Department

Range Satanwada, District Shivpuri for offence under Sections 9, 39,

44, 49, 51 of Wild Life (Protection) Act.

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

order dated 17.11.2021 passed in M.Cr.C.No.54077/2021 the

applicant was granted bail with a rider that before releasing the

applicant on bail the Trial Court shall verify as to whether the

applicant was ever released on temporary parole or not. It is submitted

that since the applicant was earlier released on temporary parole for a

period of three months, therefore, he was not released. It is submitted

that now more than three months have expired after the order dated

17.11.2021. According to the prosecution case, one Ratanlal Mogiya

was alleged to have killed Sambhars and the allegations against the

applicant are that he has purchased the meat and was cooking the

same. It is submitted by the counsel for the applicant that he has been

THE HIGH COURT OF MADHYA PRADESH MCRC No.9283/2022 Vikesh Kushwah vs. State of M.P.

falsely implicated and is in jail from 22.2.2021. Charge sheet has been

filed. The applicant 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 the

co-accused Arjun and Virendra who are identically placed have been

granted bail by the Co-ordinate Bench of this Court by order dated

10.11.2021 passed in M.Cr.C.No.52875/2021.

Per contra, the application is vehemently opposed by counsel

for the State. It is submitted that 1 ½ Kgs. of raw meat as well as

cooked meat was seized from the possession of the applicant including

the co-accused Arjun and Virendra.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.9283/2022 Vikesh Kushwah vs. State of M.P.

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 (alok)

ALOK KUMAR 2022.03.04 15:43:17 +05'30'