Thakursingh vs The State Of Madhya Pradesh on 16 August, 2022

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Madhya Pradesh High Court

Thakursingh vs The State Of Madhya Pradesh on 16 August, 2022

Bench: Anil Verma

                          1


  IN THE HIGH COURT OF MADHYA PRADESH
                   AT INDORE
                    BEFORE
        HON'BLE SHRI JUSTICE ANIL VERMA
              ON THE 16th DAY OF AUGUST, 2022


  MISC. CRIMINAL CASE NO. 39010 OF 2022


  Between:-
  THAKURSINGH
  SON OF CHANDERSINGH CHOUHAN
  AGE-45 YEARS,
  OCCUPATION AGRICULTURIST
  R/O VILLAGE KHOUJAKUAA
  JUNAKHEDA PHALIYA,
  THANA GANDHWANI
  DISTRICT DHAR (MP)


                                          ....... APPLICANTS
  (BY MS. SONALI GUPTA, ADVOCATE)


AND
  STATE OF MADHYA PRADESH
  THROUGH P.S.- GANDHWANI
  DISTRICT DHAR
                                    ........RESPONDENT
  (BY SHRI HEMANT SHARMA, G.A.)
                          2



  MISC. CRIMINAL CASE NO. 30370 OF 2022


  Between:-
  BHANGDA @ BHAGAT
  SON OF RUMAL CASTE BHILALA
  AGE- 34 YEARS,
  OCCUPATION AGRICULTURIST
  R/O VILLAGE KHOUJAKUAA
  TEHSIL GANDHWANI
  DISTRICT DHAR (MP)


                                          ....... APPLICANTS
  (BY SHRI L.S. CHANDIRAMANI, ADVOCATE)


AND
  STATE OF MADHYA PRADESH
  THROUGH P.S.- GANDHWANI
  DISTRICT DHAR
                                   ........RESPONDENT
  (BY SHRI HEMANT SHARMA, G.A.)


  MISC. CRIMINAL CASE NO. 33205 OF 2022


  Between:-
  KALU
  SON OF MANGU
                                 3


      CASTE BHIL
      AGE-34 YEARS,
      OCCUPATION LABOUR
      R/O VILLAGE REHRDA
      THANA GANDHWANI
      DISTRICT DHAR (MP)


                                                ....... APPLICANTS
      (BY MS. SONALI GUPTA, ADVOCATE)


  AND
      STATE OF MADHYA PRADESH
      THROUGH P.S.- GANDHWANI
      DISTRICT DHAR
                                           ........RESPONDENT
      (BY SHRI HEMANT SHARMA, G.A.)
      These applications coming on this day for final hearing, the
court passed the following:
                              ORDER

Applicants have filed these first bail applications under Section 439 of the Code of Criminal Procedure, 1973. The applicant Kalu, Bhangda and Thakursingh are in custody since 15.3.2022, 20.3.2022 and 4.4.2022 respectively in connection with Crime No. 142/2022 registered at P.S. - Gandhwani District Dhar (M.P.) for commission of offence punishable under Section 420, 467, 468, 471, 120-B, 201 of IPC.

As per the prosecution story, complainant Vijay Kumar Yadav has given a complaint to the officers of police Indore through mail by stating that some persons committed cheating /fraud with him by firstly making him an area distributor in the company and then taken Rs. 35,000/- in two installments from complainant and during investigation another complainant Chandra Bhushan has also given the same complaint against Forever Sunshine Company by stating that the said company has committed fraud with complainant and get Rs. 85,000/- from complainant, after that during investigation the applicants have been implicated. Accordingly a case has been registered against the applicants.

Learned counsel for the applicants submits that applicants Thakursingh, Bhangda and Kalu are innocent and they have been falsely implicated in this matter. The applicants Kalu, Bhangda and Thakursingh are in custody since 15.3.2022, 20.3.2022 and 4.4.2022 respectively. Investigation is over and charge sheet has beenfiled, therefore, no further custodial interrogation from applicants is required, the officials of WRD and bank has been conspired to save their employee and falsely implicated the applicants. The applicant Kalu and Thakursingh are illeterate persons. They were not aware about the forged accountS. Counsel for apploicant Thakursingh also submits that applicant Thakursingh is ready to deposit the entire amount in installments. Hence learned counsel pray that applicants be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that Kalia has been died on 17.3.2020 and Kelsingh has been died on 21.11.2021 but their forged accounts have been prepared and amount of more than Rs. 60 lakhs has been fraudulently withdrawn from their account. In view of the prima facie evidence available on record, this Court is not inclined to grant bail to the applicants.

These M.Cr.Cs. filed by applicants under section 439 of Cr.P.C is accordingly dismissed.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.08.17 10:36:53 +05'30'

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