Madhya Pradesh High Court
Pushpend @ Ajay Kaurav vs The State Of Madhya Pradesh on 7 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 7 th OF MAY, 2024
MISC. CRIMINAL CASE No. 16981 of 2024
BETWEEN:-
PUSHPEND @ AJAY KAURAV S/O SHRI SANTOSH
KAURAV, AGED ABOUT 30 YEARS, OCCUPATION:
AGRICULTURE GRAM GONGAVALI THANA KARELI
DISTT. NARSINGHPUR (MADHYA PRADESH)
.....APPLICANT
(BY MR. R.S. PATEL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KAREI DISTRICT NARSINGHPUR (MADHYA
PRADESH)
.....RESPONDENT
(BY MR. ALOK NAYAK - PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This is the second bail application filed by the applicant under Section
439 of the Code of Criminal Procedure for grant of regular bail relating to Crime
No.112/2024 registered at Police Station - Kareli, District Narsinghpur (M.P.)
for the offences punishable under Sections 399, 402 of the Indian Penal Code
and under Section 25/27 of Arms Act. Applicant is in detention since
04.02.2024. Earlier bail application of the applicant was dismissed as withdrawn
on 22.03.2024 passed in M.Cr.C. No.10464 of 2024.
2. Learned counsel for the applicant submits that the applicant is innocent
and has falsely been implicated in the case. He is in custody since 04.02.2024.
Investigation is complete and charge-sheet has been filed. Co-accused Rajesh
Thakur has already been granted the benefit of bail by this Court vide order
dated 22.03.2024 passed in M.Cr.C. No.11301 of 2024. In previous four
criminal cases, the applicant has been acquitted and in this regard, counsel for
applicant has drawn the attention of this Court to the copies of judgments of
acquittal. It is submitted that trial will take time for conclusion. On these
grounds, it has been prayed that the applicant may be released on bail.
3. On the other hand, learned counsel for State has vehemently opposed
the prayer for grant of bail on the ground of criminal antecedents.
4. Having taken into consideration all the facts and circumstances of the
case, but without commenting on merit of the case, I am inclined to release the
applicant on bail. Consequently, bail application under Section 439 of the Code
o f Criminal Procedure for grant of bail filed on behalf of applicant stands
allowed.
5. It is directed that applicant be released on bail on his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with
one solvent surety in the like amount to the satisfaction of the trial Court, for his
regular appearance before the trial Court during trial with a condition that he
shall remain present before the concerned Court on all the dates fixed by it
during trial. He shall abide by all the conditions enumerated under Section
437(3) of Cr.P.C.
6. This order shall be effective till the end of the trial. However, in case of
bail jump and breach of any of the conditions of bail, it shall become
ineffective.
7. Certified copy as per rules.
(PRAMOD KUMAR AGRAWAL)
JUDGE
julie
