Kamal Kishor Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 22535 MP

Madhya Pradesh High Court

Kamal Kishor Kushwah vs The State Of Madhya Pradesh on 27 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                              1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 27 th OF DECEMBER, 2023
                                             (THROUGH VIDEO CONFERENCING)
                                            MISC. CRIMINAL CASE No. 57293 of 2023

                           BETWEEN:-
                           KAMAL KISHOR KUSHWAH S/O SHRI KARAN SINGH
                           KUSHWAH, AGED 38 YEARS, OCCUPATION: LABOUR
                           R/O KASWA WARD NO 2 NARWAR DISTRICT SHIVPURI
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI DEEPAK SINGH PARMAR - ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION GIRWAI DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (SHRI AJAY KUMAR NIRANKARI - PUBLIC PROSECUTOR)

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

Case diary is available.

2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

3. Applicant has been arrested on 12.12.2023 in connection with Crime No.180/2023 registered by Police Station Girwai, District Gwalior for offence punishable under Sections 457 and 380 of IPC.

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

prosecution case, a theft took place in dwelling house. Two pairs of golden tops, two mangalsutra, amount of Rs.15,000/-, one mobile phone of Vivo company were stolen. It is submitted that applicant has been arrested and one stolen mobile phone of Vivo company and amount of Rs.1,000/- have been seized from his possession. It is further submitted that the complainant has not provided the receipt of mobile phone to show that he was the owner. The trial is likely to take sufficiently long time and there is no possibility of his absconding

or tampering with prosecution case. In view of the criminal history, applicant is

ready and willing to abide by any stringent condition which may be imposed by the Court.

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history of 3 cases, but fairly conceded that they all are of different nature. It is further submitted that complainant has not provided the receipt of Vivo mobile phone, however, it was duly identified in the Test Identification Parade.

6. Considering the period of detention as well as criminal antecedents of the applicant, this Court is of the considered opinion that the applicant can be granted bail only on stringent condition. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing personal bond 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.

7. The applicant shall appear before S.H.O., Police Station Girwai, District Gwalior on 1st of every month. Failure on the part of the applicant to comply this condition would amount to flouting of this order, which may

result in recall/cancellation of this bail order.

8. In the light of the judgment passed by the Supreme Court in the case o f 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.

9. Certified copy as per rules.

(G.S. AHLUWALIA) V. JUDGE Avi