ASHOK SINGH KUSHWAH (RAJAWAT) v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-29. ASHOK SINGH KUSHWAH (RAJAWAT) v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 29 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 2596 of 2024 BETWEEN:- ASHOK SINGH KUSHWAH (RAJAWAT) S/O LATE SHRI VISHWANAH SINGH KUSHWAH, AGED ABOUT 58 YE A R S , R/O NARAYAN VIHAR COLONY GOLE KA MANDIR, DISTRICT GWALIOR (MADHYA PRADESH) ..... APPLICANT (SHRI R. K. SHARMA - LEARNED SENIOR COUNSEL WITH SHRI SANJAY GUPTA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GOLE KA MANDIR, DISTRICT GWALIOR (MADHYA PRADESH) 2. PR OECUTR IX GOLE KA MANDIR, DISTRICT GWALIOR (MADHYA PRADESH) ..... RESPONDENTS (SHRI GIRRAJ SONI - PANEL LAWYER AND SHRI VIRENDRA SINGH PAL AND KIRAN KUMAR - ADVOCATE FOR THE RESPONDENT [COMP]. ) This application coming on for admission this day, the court passed the following: ORDER This is Second application filed under Section 439 of Cr. P. C for grant of bail to the applicant in connection with Crime No.
627 of 2023 registered at Police Station Gole Ka Mandir, District Gwalior (M. P. ) for the offence punishable under Sections 147, 148, 149, 294, 452, 323, 342, 336, 506, 365, 354, 395, 397 of IPC & Sections 11/13 of MPDVPK Act. First application was dismissed as withdrawn vide order dated 20. 11. 2023 passed in MCRC Signature Not Verified Signed by: VIPIN KUMAR Signing time: 30-01-2024 10:30:48 AM No. 51023/2023 with liberty to renew the prayer after filing of charge-sheet. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further submitted that the applicant is in custody since 31. 10. 2023. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. Further submission is that in the statement recorded u/S. 164 of Cr. P. C. both the victims have not attributed any role on applicant/accused to snatch the chain or sexual assault on them.
The applicant has no criminal antecedents and he is permanent resident of District Gwalior (M. P. ) and there is no possibility of his absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicants. P er contra, learned counsel for the State as well as counsel for the complainant have vehemently opposed the bail application in the wake of gravity of offence and prayed for rejection of present bail application. Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on 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/committal Court.
This order will remain operative subject to compliance of the following conditions by the applicant:- 1) The applicant will comply with all the terms and conditions of the bond executed by him; 2) The applicant will cooperate in the investigation/trial, as Signature Not Verified Signed by: VIPIN KUMAR Signing time: 30-01-2024 10:30:48 AM the case may be; 3 ) 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; 4) The applicant shall not commit an offence similar to the offence of which he/she is accused; 5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7) The applicant shall not move in the vicinity of complainant/prosecutrix and shall not be a source of embarrassment or harassment to the complainant/prosecutrix party in any manner. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules. (SUNITA YADAV) JUDGE vpn Signature Not Verified Signed by: VIPIN KUMAR Signing time: 30-01-2024 10:30:48 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.