Madhya Pradesh High Court
Saiyad Azaz Dastagir vs The State Of Madhya Pradesh on 21 June, 2017
1 M.Cr.C. No. 6229/2017 21.06.2017
Shri Deepak Shrivastava, Advocate for the applicants. Shri R.D.Agarwal, Panel Lawyer, for the State. Shri Jitendra Singh Kushwaha, Advocate for the complainant.
Heard the learned counsel for the parties and perused the case diary.
This is first bail application filed by the applicants under Section 439 of Cr.P.C. for grant of bail. The applicants are arrested in connection with Crime No. 95/2017 registered at Police Station Dehat, Ashoknagar, for the offence punishable under Section 420/34 of IPC.
Learned counsel for the applicants submits that as per the prosecution's case, the co-accused Ashish Khandelwal, proprietor of Rooftech Engineering Company entered into a contract with complainant for the construction of roof of warehouse and he received Rs.12.00 Lacs for such construction work but he did poor construction work and caused loss to the complainant. The applicants neither hold any post in the construction company nor they have entered into contract with the complainant. They have not received any amount for such construction work. The alleged offence is committed only by Ashish Khandelwal. It is apparent that the applicants have been falsely implicated in the matter. The applicants are in custody since 31.5.2017 and they are not required for further investigation. There is no possibility of the applicants' absconsion or tempering with the evidence. Under these circumstances, learned counsel prays for grant of bail to the applicants.
Learned Public Prosecutor for the State opposes the bail application and prays for its rejection.
After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the 2 M.Cr.C. No. 6229/2017 case, without expressing any opinion on merits of the case, the application is allowed.
It is directed that the applicants namely Syed Aijaj Dastagir and Dalveer Singh be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) each with two solvent sureties of Rs.50000/- each by each applicant, to the satisfaction of the trial Court for their regular appearance before the trial Court on the condition that they shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
A copy of this order be sent for compliance to the Court concerned.
Certified copy as per rules.
(S.K. Awasthi) Judge (Yog)