Ganesh Kumar Ojha vs The State Of Madhya Pradesh on 12 July, 2023

[Cites 5, Cited by 9]

Madhya Pradesh High Court

Ganesh Kumar Ojha vs The State Of Madhya Pradesh on 12 July, 2023

Bench: Sunita Yadav

                                                                1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                        BEFORE
                                           HON'BLE SMT. JUSTICE SUNITA YADAV
                                                    ON THE 12 th OF JULY, 2023
                                           MISC. CRIMINAL CASE No. 26734 of 2023

                           BETWEEN:-
                           GANESH KUMAR OJHA S/O SHRI RAMKUMAR OJHA,
                           AGED ABOUT 38 YEARS, R/O 13/76 ADARSH COLONY,
                           GOLE KA MANDIR, GWALIOR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI SUSHIL GOSWAMI- ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION PADAV, GWALIOR (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI ABHA MISHRA- PUBLIC PROSECUTOR)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                                 ORDER

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No.126 of 2023 registered at Police Station Padav, District Gwalior (M.P.) for the offence under Sections 420, 406, 409 and 34 of IPC.

Allegation against the present applicant is that he along with co-accused persons cheated the complainant as well as other persons and got the sale deeds and agreements to sale executed in respect to lands which did not belong to the seller / persons said to be selling the lands.

Learned counsel for the applicant argued that the applicant is innocent Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 12-07-2023 05:46:16 PM 2 and has been falsely implicated. he is not a partner in Char Chatur Associates. Except his memorandum, there is no evidence to connect him with the crime. No receipt of the documents or other incriminating articles have been seized in furtherance of his memorandum. There is no documentary evidence on record to show that present applicant is a witness or executor of sale deed or agreement to sale. Under these circumstances, when the investigation has already been completed and charge-sheet is filed, applicant is entitled to get benefit of bail as his custodial interrogation is not required anymore. It is further argued that applicant is in custody since 27.3.2023. The co-accused person namely, Himanshu Patel has already been granted bail by this Court vide order dated 5th of July, 2023 passed in M.Cr.C. No.24305/2023 and the case of present applicant is on better footing than the co-accused hence, he seeks parity. Further argument is that the applicant 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 applicant.

Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its dismissal.

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.2,00,000/- (Rupees Two Lakh 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:-

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 12-07-2023 05:46:16 PM 3

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 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 will not commit any other offence or will not repeat the offence in future. In case, if he is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

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.

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 AGRAHARI Signing time: 12-07-2023 05:46:16 PM

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