Dinesh Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 609 MP

                                   1
 IN     THE        HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 10 th OF JANUARY, 2023
                 MISC. CRIMINAL CASE No. 280 of 2023

BETWEEN:-
DINESH KUSHWAH S/O SHRI MUNNALAL KUSHWAH,
AGED 38 YEARS, OCCUPATION: ADVOCATE, R/O
PURANI CHHAWANI GUNA, POLICE STATION- CITY
KOTWALI, DISTRICT- GUNA (MADHYA PRADESH)

                                                                 .....APPLICANT
(BY SHRI SATYENDRA SINGH RAJPUT- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- CANTT, DISTRICT- GUNA (MADHYA
PRADESH)

                                                               .....RESPONDENT
(BY SHRI KULDEEP SINGH- PUBLIC PROSECUTOR)

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

Case-diary is perused.

This is the First bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.

T h e applicant apprehends his arrest in connection with Crime No.310/2022 registered at Police Station- Cantt, District- Guna M.P.) for the offence punishable under Sections 420, 467, 468 and 471 of IPC.

Prosecution case is that the co-accused- Anil Ojha has been convicted by the judgment dated 17/03/2020 passed by 2nd Additional Sessions Judge,

District- Guna (M.P.) in S.T. No.130/2017 under Sections 376 (2)(h), 363, 366- A of IPC and Section 5 (q)(6) of POCSO Act and sentenced to undergo maximum R.I. for ten years with maximum fine of Rs.10,000/- with default stipulation in which by order dated 12/10/2022 passed in Criminal Appeal No.3521/2020 his jail sentence was suspended and bail was granted to him for which counsel for the applicant who is applicant took Rs.20,000/- from his mother for depositing the fine but he deposited only Rs.200/- and produced the receipt of the same before the trial Court by manipulating it to be of Rs.20,000/- . Thereafter, inquiry was conducted by the Court in which it has come that applicant being Junior Advocate of the office of Shri Surendra Dhakad,

Advocate has manipulated the receipt and gave it to the co-accused in jail and said receipt was submitted to the Jail Authority by the co-accused. At the time of depositing the fine amount, the co-accused- Anil Ojha was in jail and his mother gave Rs.20,000/- to the applicant. The applicant despite depositing the fine amount of Rs.20,000/- deposited only Rs.200/- by making fraud.

Learned counsel for the applicant submits that applicant is an Advocate aged about 38 years and he has been falsely implicated in the case. He is not concerned with the case directly or indirectly. Applicant is the permanent resident of District- Guna (M.P.) and he is ready to abide by all the terms and conditions as may be imposed by this Court. Co-accused has already been extended the benefit of grant of anticipatory bail by this Court by order dated 12/12/2022 passed in MCRC No.57459/2022 and the applicant claims parity with the said co-accused. Under these circumstances, prayer for grant of anticipatory bail to the applicant is made.

Learned Public Prosecutor for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties at length and perused the record.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Arresting Authority.

The applicant shall further abide by all other conditions as enumerated in sub-section(2) of Section 438 of CrPC.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab6 76d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00 D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED91 0FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.01.11 12:10:01 +05'30'