Raghuraj Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 3923 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No.14097/2022
                Raghuraj Kushwah vs. State of M.P.

Gwalior, Dated : 22/03/2022

      Shri Yash Sharma, Counsel for the applicant.

      Smt. Anjali Gyanani, Counsel for the respondent/State.

Case diary is available.

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

filed for grant of bail. The first application was dismissed as

withdrawn by order dated 4.1.2022 passed in M.Cr.C.No.61745/2021.

The applicant has been arrested on 8.11.2021 in connection with

Crime No.484/2021 registered at Police Station Kolaras, District

Shivpuri for offence under Section 394 of IPC and under Section 11,

13 of MPDVPK Act.

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

application was dismissed as withdrawn with liberty to revive the

prayer after filing of the charge sheet. It is submitted that according to

the prosecution case, a loading goods vehicle was looted and not only

food-grains loaded on the vehicle were taken away but an amount of

Rs.17,000/- kept in the pocket of the driver were also looted. It is

submitted that it is true that the applicant has been identified in the

Test Identification Parade, and one mobile of Redmi Company worth

Rs.2,000/-, 30 Kgs. of Moong Dal worth Rs.2400/-, 25 Kgs. of rice

worth Rs.700/- and 50 Kgs. of Poha worth Rs.1700/- have been seized

from his possession, but the applicant is in jail from 8.11.2021 i.e.

THE HIGH COURT OF MADHYA PRADESH MCRC No.14097/2022 Raghuraj Kushwah vs. State of M.P.

more than three months. 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 respondent/State. It is submitted that apart from the

present case, one more offence under Sections 323, 294, 506, 34 of

IPC was registered in the year 2013.

Considering the facts and circumstances of the case as well as

period of detention, 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Kolaras, District Shivpuri on 1st of every

month during the pendency of the Trial. In case of bail jump or non-

appearance of the applicant before the police station as directed by

this Court, this order shall lose its effect.

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.14097/2022 Raghuraj 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 Abhi ABHISHEK CHATURVEDI 2022.03.23 18:39:35 +05'30'