Madhya Pradesh High Court
Ritesh Verma vs The State Of Madhya Pradesh on 19 January, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
The High Court of Madhya Pradesh : Bench at Indore M.Cr.C. No.53355/2021 (Ritesh Vs. State of M.P.) & M.Cr.C. No.51716/2021 (Shyamsingh Vs. State of M.P.) & M.Cr.C. No.56195/2021 (Deepak Vs. State of M.P.) Indore:19.01.2022 Heard through video conferencing. Shri Gaurav Panchal, learned counsel for the applicant in M.Cr.C. No.53355/2021.
Shri M.S. Chouhan, learned counsel for the applicant in M.Cr.C. No.51716/2021.
Shri Vivek Singh, learned counsel for the applicant in M.Cr.C. No.56195/2021.
Shri Tarun Pagare, learned Panel Lawyer for the non- applicant/State.
Heard. Case diary perused.
These are first applications under Section 439 of the Cr.P.C. filed on behalf of the applicants in connection with Crime No.234/2021 registered at Police Station Mhow, District - Indore (M.P.) under Sections 420, 406, 467, 468, 471/34 of the IPC. The applicants are in custody since 24 th & 25th of June, 2021.
It is alleged against the applicants that the applicants and co-accused Devendra Thakur used to take vehicles on rent and in this regard rent agreements were executed. However, instead of running the vehicles on rent, the vehicles were mortgaged and that is how a cheating and fraud was committed by the applicants and the other co- accused persons.
The High Court of Madhya Pradesh : Bench at Indore M.Cr.C. No.53355/2021 (Ritesh Vs. State of M.P.) & M.Cr.C. No.51716/2021 (Shyamsingh Vs. State of M.P.) & M.Cr.C. No.56195/2021 (Deepak Vs. State of M.P.) Learned counsel for the applicants submits that there is no document executed in the name of the present applicants, instead the rent agreements were executed in the name of co-accused Devendra Thakur and he has executed the mortgaged deed.
Learned Panel Lawyer has opposed the application and prays for its rejection.
Considering the aforesaid facts and circumstances of the case, prima facie allegations are against co-accused Devendra Thakur and there is no document showing name of the present applicants and further the investigation is over and charge sheet has been filed, I find prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the applications are allowed.
It is directed that the applicants shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the Ld. Court below for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicants shall comply with the provisions of Section 437(3) Cr.P.C.
The High Court of Madhya Pradesh : Bench at Indore M.Cr.C. No.53355/2021 (Ritesh Vs. State of M.P.) & M.Cr.C. No.51716/2021 (Shyamsingh Vs. State of M.P.) & M.Cr.C. No.56195/2021 (Deepak Vs. State of M.P.) The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicants are examined by the jail doctor before their release. If the applicants shows symptoms of COVID-19, the doctor shall forthwith direct them to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till their place of residence.
It is further made clear that if it is found that the applicants are involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicants.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.
(Rajendra Kumar (Verma)) Judge pn Digitally signed by PREETHA NAIR PREETHA NAIR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b9ad42416f404b b303, pseudonym=BEA9A029360DBE02FDC86E8557A519B70B35E1A7, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E65085178B87CD 8C85BA5B87CC, cn=PREETHA NAIR Date: 2022.01.20 12:28:17 +05'30'