Madhya Pradesh High Court
Yash Saluja vs The State Of Madhya Pradesh on 27 August, 2019
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-33383-2019
The High Court Of Madhya Pradesh
MCRC-33383-2019
(YASH SALUJA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 27-08-2019
Shri Sharad Verma, Advocate for the applicants.
Smt. Nalini Gurung, P.L. for the respondent/State.
Heard with the aid of case diary.
T his is first application of applicants Yash Saluja and Shoab @ Mohammad Faizan filed under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.538/2019 registered at Police Station Kotwali, District Damoh (M.P.) for the offence punishable under Sections 419, 420, 424 of the IPC.
As per prosecution case on 14/07/2019 applicants purchased 15 tonnes iron rod worth Rs.6,42,000/- from the complainant Gopal Rai and gave him forged cheque. Thus, they cheated with the complainant.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the offence. Applicants have no criminal past. The iron rod has already been seized by the Police. Applicants are in custody since 29/07/2019 and conclusion of trial is likely to take long time, hence prayed for release of the applicant on bail.
On the other hand, learned counsel for the respondent/State opposed the prayer.
Looking to the facts and circumstances of the case and the fact that the iron rod has been seized by the Police, the applicants have no criminal past, they are in custody since 29/07/2019 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and the applicants are directed to be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the concerned Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
Digitally signed by ANURAG SONI Date: 27/08/2019 18:22:582 MCRC-33383-2019 This order will remain operative subject to compliance of the following conditions by the applicants :
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the trial;
3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;
4. The applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without previous permission of the trial Court.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE as Digitally signed by ANURAG SONI Date: 27/08/2019 18:22:58