Shivam Kushwah vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 8.8.2025 by Police Station- Bahodapur, District Gwalior in connection with Crime No.448/2025, registered in relation to the offence punishable under Sections 309 (6), 3 (5), 61 (2) of BNS and sections 11/13 of M.P.D.V.P.K. Act.

The allegations against the applicant and co-accused are that they committed robbery and looted a bag containing cash of Rs.29,50,000/- from the complainant while he was going to deposit the said amount to bank.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case on the basis of memo of co-accused recorded under Section 27 of Evidence Act and there is only recovery of cash from him. He has not committed any offence and there is no identification of the applicant. He is in custody since 08.08.2025 and the trial will take time for its conclusion. Offence is triable by JMFC. The applicant is a permanent resident of District Gwalior and there is no likelihood of his absconsion or tampering with the prosecution evidence. Counsel for the applicant has submitted that the co-accused person namely Rahul Ghureya have already been granted bail in M.Cr.C. No.44202 of 2025 vide order dated 26.9.2025 and the case of the present applicant is akin to that of co-accused, thus, he is entitled to be released on bail on the ground of parity also. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection submitting that the applicant has criminal history of five case.

Heard counsel for the parties and perused the case diary.

Considering the overall facts and circumstances of the case and nature of allegations and on the ground of parity with Rahul Ghureya, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without commenting on the merits of the case, this bail application is allowed. It is directed that the applicant be released on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him;

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he is found involved in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

v) The applicant will not seek unnecessary adjournments during the trial;

vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.