Sandeep Kushwaha (Kachi) vs State Of Madhya Pradesh

G. S. Ahluwalia, J

Case diary is available.

This first application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023/439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 30.01.2026 in connection with Crime No.65/2026 registered at Police Station Kuthla, District Katni, for offence under Sections 331(4), 305A and 112 of the BNS.

It is submitted by counsel for applicant that according to the prosecution case, 152 gas cylinders were stolen from the godown. Four empty cylinders have been shown to be recovered from the possession of the applicant. The applicant is in jail for last more than 15 days. His incarceration is adversely affecting the financial situation of his family. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. In view of his criminal antecedants, the applicant is ready and willing to abide by any stringent condition, which may be imposed by this Court.

Per contra, the application is vehemently opposed by counsel for the State. It is submitted that applicant has criminal antecedants of four cases, out of which two cases were registered under section 323 IPC and two cases are of similar nature.

Considering the nature of allegations, this court is of considered opinion that the applicant can be granted bail only on stringent condition of marking his presence before the S.H.O. Police Station Kuthla, District Katni, on 1st of every month.

Accordingly, application for grant of bail is hereby allowed. It is directed that applicant be released on bail on furnishing a personal bond in the sum 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. It is further directed that applicant shall mark his presence before S.H.O. Police Station Kuthla, District Katni, on 1st of every month. Any default in appearance would result in automatic cancellation of his bail order, therefore, in case if the applicant fails to appear before the S.H.O. Police Station Kuthla, District Katni, on any date then the same shall be immediately informed to the trial court and the trial court shall take further action in accordance with law.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective and the trial Court shall be free to take the applicant in custody.

In the light of the judgment passed by the Supreme Court in the case of XYZ and Others Vs. State of M.P. and Another, reported in (2021) 16 SCC 179, the intimation regarding grant of bail be sent to the complainant.

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