Veekesh Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 12971 MP

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         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                           BEFORE
        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                   ON THE 26th OF SEPTEMBER, 2022

            MISC. CRIMINAL CASE No. 43271 of 2022

       BETWEEN:-
       VEEKESH    KUSHWAH    S/O   SHRI
       BHAGWAN SINGH KUSHWAH, AGED 30
       YEARS, CASTE - KUSHWAH, RESIDENT
       OF TIWARI KA PURA, TEHSIL &
       DISTRICT MORENA (MADHYA PRADESH)

                                                       .....APPLICANT
       (BY SHRI MADHUKAR KULSHRESTHA-ADVOCATE)

       AND
       THE STATE OF MADHYA PRADESH
       THROUGH POLICE STATION CIVIL
       LINES, DISTRICT MORENA (MADHYA
       PRADESH)

                                                    .....RESPONDENT
       (BY SHRI A.K.NIRANKARI-PUBLIC PROSECUTOR)

      This application coming on for hearing this day, the court passed

the following:
                                    ORDER

Case diary is available.

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

for grant of bail. The second application of the applicant was dismissed

as withdrawn by order dated 22/07/2022 passed in M.Cr.C.

No.32845/2022.

The applicant has been arrested on 01.04.2022 in connection with 2 of 3

Crime No.227/2022 registered at Police Station Civil Lines, District Morena for offence under Sections 307, 294, 336, 34 of IPC and Section

25, 27 of Arms Act.

It is submitted by counsel for applicant that the applicant is in jail from 01.04.2022 i.e. approximately six months. According to the

prosecution case, the applicant fired a gunshot causing injury below the

chest of the injured. The co-accused Ajay Kushwah has been granted bail by order dated 22.07.2022 passed in M.Cr.C. No.32845/2022. 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 applicant has a criminal history and one

more offence under Section 323, 294, 506, 34 of IPC read with Section 3

(1) of SC/ST Act was registered against him.

Considering the period of detention 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.

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 3 of 3

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 Aman AMAN TIWARI 2022.09.26 19:03:24 +05'30'