Jeetu Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 6910 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.20679/2022 (JEETU KUSHWAH VS. STATE OF M.P.)

Gwalior, Dated : 07/05/2022

Shri S.S.Rawat learned counsel for the applicant.

Shri C.P.Singh, learned counsel 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 29/03/2022 in connection

with Crime No.164/2022 registered at Police Station Kotwali, District

Datia for offence under Sections 399, 400, 402 of IPC, Sections 11 and

13 of the MPDVPK Act and Section 25(1-B)A of the Arms Act.

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

the prosecution case, the applicant had assembled alongwith other co-

accused persons for making preparation for committing dacoity.

Although, it is alleged that the applicant was arrested on the spot and

one country made pistol alongwith three live cartridges were seized,

but he has been falsely implicated. In view of the criminal antecedents

of the applicant, he is ready and willing to abide by any stringent

condition, which may be imposed by this Court. 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. It is submitted that the applicant has a criminal

THE HIGH COURT OF MADHYA PRADESH MCRC No.20679/2022 (JEETU KUSHWAH VS. STATE OF M.P.)

history and three criminal cases have been registered against him, out

of which two cases were registered under Jua Act and one offence was

registered under Section 25/27 of the Arms Act.

Considering the period of detention as well as nature of

allegations and 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Kotwali, District Datia 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

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)
Pj'S/-                                                                  Judge

    Digitally signed by
    PRINCEE BARAIYA
    Date: 2022.05.07
    17:49:17 -07'00'