Madhya Pradesh High Court
Brahm Dutt Kalia @ Brahmdutt Sharma vs The State Of Madhya Pradesh on 31 March, 2015
1 M.Cr.C.No.2360/2015
( Brahm-Dutt Kalia Vs. State of M.P.)
31.03.2015
Shri Prashant Sharma, Advocate with Shri Devendra
Sharma, Advocate, for the applicant.
Ms. Nutan Saxena, Public Prosecutor, for the
respondent/State.
This is the repeat application for regular bail under Section 439 of Cr.P.C. First application for regular bail under Section 439 Cr.P.C. was dismissed on merits.
The applicant is in custody since 26.11.2014 in connection with Crime No.856/14 registered at Police Station Dabra, District Gwalior (M.P.) for the offences under Sections 420, 467, 468, 471 of IPC.
As per the allegations, a written complaint was lodged against the applicant at Kotwali Gwalior that the applicant was cheated of five lacs rupees with the pretext that he will be employed as Head Constable in BSF Tekanpur. The complainant is a resident of Shamshabad, Agra. His father is running a Halwai Shop in Delhi. The applicant used to come to the shop and during his conversation, he offered that he will give employment to him in the BSF Tekanpur as Head Constable. Taking him in to confidence, the applicant took them to Head Quarter of BSF Tekanpur, where they were allowed to stand at the gate and the applicant entered the office. Thereafter, he filled upsome forms and asked for five lacs rupees. He forged an appointment letter to the 2 M.Cr.C.No.2360/2015 complainant, in which joining date was given after a month. He came to BSF, Tekanpur and signed certain documents. When the complainant said, no doctor has arrived for medical check up the applicant informed that no such check up is required as he has contact in the higher ups. He also informed that after 18 to 45 days training will commence. He also gave the complainant certain documents and character verification form and also provide uniform. He obtained 5-6 lacs rupees during this period of 5-6 months. He was assured to join after his training his complete. He used to make him stay at Saraswati lodge. When the father of the complainant made enquiries, it was found that applicant has cheated with them. The applicant prepared forged documents and committed cheating with the applicant.
The applicant has filed this application for regular bail with the premises that the applicant's wife has been fallen ill and is to be operated at Dr. Ram Manohar Lohia Hospital, New Delhi. The applicant has filed certain medical documents including prescription dated 27.02.2015 in which the applicant's wife Seema Kaliya has been diagnosed for a pain in abdomen since two months and few episodes of vomiting. She has been diagnosed for Cholinesterase 1.8 CM and advised to admission on 28.04.2015 and date of operation is 30.04.2015.
Aadhar Card which has been filed by the applicant that Seema Kaliya is wife of applicant Braham Dutt Kalia, resident 3 M.Cr.C.No.2360/2015 of Janakpuri B-1, Rajouri Garden, West Delhi- 110058.
Application is partly allowed, purely on the humanitarian ground. The applicant is given the benefit of bail for a limited period to attend his wife who has to undergo an operation at Dr. Ram Manohar Lohia Hospital, New Delhi. The applicant be released for a fixed period of 10 days to attend the treatment of his wife on bail on furnishing bail bond of Rs.1,00,000/- (Rs. One lac only) with two sureties to the sum of Rs.50,000/- each to the satisfaction of the Trial Court, he be released for a period of ten days i.e. from 25.04.2015 to 04.05.2015. The applicant is directed to surrender before the Trial Court at 11 AM on 5th May, 2015 and it also further directed the applicant has to produce the necessary documents that his wife Seema Kaliya has undergone operation. In case the applicant fails to appear on 05.05.2015 the trial Court would be at liberty to procure his attendance by coercive means.
Application is disposed of accordingly.
Certified copy as per rules.
(S.K. Palo)
mani Judge