Madhya Pradesh High Court
Brajendra Kushwaha vs The State Of Madhya Pradesh on 21 April, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 21 st OF APRIL, 2023
MISC. CRIMINAL CASE No. 15855 of 2023
BETWEEN:-
1. BRAJENDRA KUSHWAHA S/O B.P. KUSHWAHA,
AGED ABOUT 34 YEARS, R/OSAHAJPUR
BHEDAGHAT JABALPUR (MADHYA PRADESH)
2. ASHISH KUSHWAHA S/O LATE SONELAL
KUSHWAHA, AGED ABOUT 38 YEARS, R/O
SAHAJPUR, BHEDAGHAT, JABALPUR (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI VIPUL VARDHAN JAIN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BHEDAGHAT DISTRICT JABALPUR DISTRICT
JABALPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the FIRST application for anticipatory bail under Section 438 of
the Cr.P.C filed by the applicants who are apprehending their arrest in
connection with Crime No.112/2023 registered at Police Station Bhedaghat,
District Jabalpur for the offences punishable under Sections 294, 327, 458, 427,
506, 34 of IPC.
2. At the outset, learned counsel for the applicant seeks withdrawal of this
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 4/25/2023
12:13:29 PM
application, so far as applicant No.1 - Brajendra Kushwaha is concerned, to
submit before the course of justice and seek regular bail in accordance with law.
3. Prayer noted.
4. Application stands dismissed as withdrawn with liberty as aforementioned.
5. Counsel for the applicants pressed for anticipatory bail so far as applicant
No.2 - Ashish Kushwaha is concerned.
6. It is the submission of learned counsel for the applicants that applicant
No.2 is apprehending his arrest on the basis of registration of offences referred
above. As per the contents of FIR, role of applicant so far as offence under
Section 458 of IPC is concerned, appears to be doubtful because it was
Brajendra Kushwaha, who entered into the house and caused marpeet to
complainant. From the statements, it appears that applicant arrived either at later
point of time or not entered the premise at all. Only one criminal case haunts the
applicant, but it is of minor denomination. Confinement may bring social
disrepute and personal inconvenience. He undertakes to cooperate in the
investigation/trial. He would not be source of harassment and embarrassment in
any manner to the complainant side. Under these grounds, counsel prayed for
grant of anticipatory bail to the applicant.
7. Learned Government Advocate for the State opposed the prayer and
prayed for dismissal of this bail application.
8. Heard learned counsel for the parties and perused the case diary.
9. Considering the submissions, specially the fact that all offences are bailable
in nature except the offence under Section 458 of IPC. From the statements, it
appears that prime assailant is Brajendra Kushwaha, therefore, this Court
intends to give benefit of doubt to the applicant No.2, so far as grant of
anticipatory bail is concerned in the light of judgment passed by the Apex Court
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 4/25/2023
12:13:29 PM
in the case of Aparna Bhatt Vs. State of M.P. reported in 2021 SCC Online
230. It is hereby directed that in the event of arrest, the applicant No.2 shall be
released on anticipatory bail on his furnishing personal bond of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties in the like amount to
the satisfaction of the Arresting Authority/trial Court.
10. This order shall remain operative subject to compliance of the following
stringent conditions by the applicant No.2:-
(i) The applicant shall comply with all the terms and conditions of the bond
executed by him;
(ii) The applicant shall cooperate in the investigation/trial, as the case may be;
(iii) The applicant shall not indulge himself in extending inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them from disclosing such facts to the Court or to the Police Officer, as the
case may be;
(iv) The applicant shall not commit an offence similar to the offence of which
he is accused;
(v). The applicant shall not seek unnecessary adjournments during the trial;
(vi) The applicant shall not leave India without previous permission of the trial
Court/Investigating Officer, as the case may be;
( v i i ) T h e applicant shall mark his presence on every Sunday and
Thursday before the concerned police station between 10:00 am to 2:00
pm till filing of charge-sheet.
(viii) The applicant shall not be a source of embarrassment or
harassment to the complainant in any manner and shall not move in their
vicinity and shall not try to contact the complainant in person through
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 4/25/2023
12:13:29 PM
electronic mode or through somebody else otherwise benefit of
anticipatory bail shall be immediately withdrawn.
(ix) If applicant No.2 mis-uses the liberty granted by this Court, then
complainant shall be at liberty to lodge FIR immediately. SHO of
concerned Police Station shall take effective steps and/or complainant
shall be at liberty to file application for cancellation of bail.
(x) Application stands allowed and disposed of.
(xi) A copy of this order be sent to the trial Court concerned for compliance
and information.
(xii) Certified copy as per rules.
(ANAND PATHAK)
JUDGE
pnm
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 4/25/2023
12:13:29 PM
