Kamlesh Kushwah vs State Of Madhya Pradesh

This is second application under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 10/1/2020 in connection with Crime No.630/2019 registered at Police Station Civil Lines, Morena, District Morena

for offence punishable under Section 452, 323, 325, 294, 147, 148, 149, 307 and 506 of IPC.

It is submitted by learned counsel for the applicant- Kamlesh Kushwah that this is second bail application of the applicant. Earlier application was

rejected on 30/01/2020 passed in M.Cr.C. No.3652/2020 and the fact was not considered by this Court that cross-case has been registered against the

complainant and the other accused persons, namely, Roshan Singh, Dilip Singh, Devash and Ram Singh and the co-accused persons have been

granted bail. It is further submitted that in the light of the judgment of the Apex Court in the case of Bashishth Singh & Anr. vs State of Bihar:[(2004)

SCC (Cri.) 1127], the present applicant is also entitled to enlarge on bail. It is further submitted that earlier case has been registered under Sections

452, 323, 294, 147, 148, 506, 149 of IPC and thereafter, Section 307 of IPC has been enhanced. The applicant is in custody since 10/1/2020. Trial will

take time. The applicant has no criminal history and he is ready and willing to abide by any condition which may be imposed by this Court. There is no

possibility of his absconding or tampering with the prosecution case. Under these circumstances, prayed for grant of bail to the applicant.

Per contra, Panel Lawyer for the State opposed the application and has submitted that earlier application was rejected on merits on 30/01/2020. As

the fact of registering the counter-case was in existence, the Court had considered merits of the case and was rejected thereafter, there is no changed

circumstances under which the second bail application could be filed. Under these circumstances, no case for grant of bail is made out.

Heard learned counsel for rival parties and perused the case diary.

Considering the allegations levelled against the applicant and its gravity, the facts and circumstances of the case and without commenting on merits of

the case, at this stage, this Court does not find it to be a fit case for grant of 2nd bail application. Hence, it is rejected.

A copy of this order be given to State counsel for keeping the same in the concerned case diary.