Madhya Pradesh High Court
Rajendra Kumar Pal vs The State Of Madhya Pradesh on 12 December, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.47681/2018
(Rajendra Kumar Pal Vs. The State of M.P.)
1
Jabalpur, Dated: 12.12.2018
Shri A.K. Chakravarti, learned counsel for the applicant.
Shri Narendra Chourasia, learned Dy. Government
Advocate for the respondent/State.
Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant in connection with Crime No.492/2018 registered by Police Station City Kotwali, District Satna for offence punishable under Sections 379 and 420 of the IPC.
As per the case of the prosecution, on 16.08.2018 the applicant has cleverly stolen the ATM Card of the complainant. He misused the ATM card for obtaining the money of Rs.67,000/- from the account of the complainant. During the course of interrogation, the applicant has accepted the crime. On that basis, an FIR was registered against the applicant under aforementioned Sections.
Learned counsel for the applicant submitted that the applicant has not committed any offence. He is innocent and has falsely been implicated in the crime. It is further submitted that the applicant is in judicial custody since 30.09.2018. In view of the aforesaid, it has been prayed that the applicant be released on bail.
Learned Government Advocate for the respondent/State on the other hand has opposed the application.
On perusal of the case diary, it seems that investigation is over and charge-sheet has been filed.
Keeping in view the facts and circumstances of the case, particularly, the fact that the applicant is in custody since 30.09.2018, in the opinion of this Court, it is a fit case to enlarge the applicant on bail.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.47681/2018 (Rajendra Kumar Pal Vs. The State of M.P.) 2 Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant Rajendra Kumar Pal , stands allowed.
It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
Certified copy as per rules.
(Vishnu Pratap Singh Chauhan) Judge pnm Digitally signed by POONAM LONDHE Date: 2018.12.13 02:18:04 -08'00'