Praveen Kushwah vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

Case diary is available.

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

The applicant has been arrested on 13.5.2022 in connection with Crime No.484/2021 registered at Police Station Kolaras, District Shivpuri for offence under Section 394 of IPC and under Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that it is true that the applicant was absconding and could be arrested only on 13.5.2022 whereas the incident had taken place on 26.10.2021 but he is in jail for the last more than three months. The supplementary charge sheet has been filed. The allegations are that a loading goods vehicle was looted and not only food-grains loaded on the vehicle were taken away but an amount of Rs.17,000/- kept in the pocket of the driver were also looted. It is submitted that it is true that the applicant has been identified in the Test Identification Parade, and one bag of Poha and two bags of Tuwar Daal have been recovered from his possession but considering the allegations made in the case, the co-accused persons who were arrested immediately have been released on bail. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that this Court by order dated 22.3.2022 passed in M.Cr.C.No.14097/2022, order dated 31.3.2022 passed in M.Cr.C.No.15031/2022 has granted bail to the co-accused Raghuraj Kushwah and Vinod Kushwah respectively. Accordingly, it is prayed that the applicant may also be released on similar terms and conditions.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted that the applicant has a criminal history and three more criminal cases were registered against the applicant apart from preventive measures on two occasions.

Considering the facts and circumstances of the case as well as period of detention, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Kolaras, District Shivpuri on 1st of every month during the pendency of the Trial. In case of bail jump or nonappearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

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

The application is allowed.