Madhya Pradesh High Court
Ankush Singh Bhadoriya vs The State Of Madhya Pradesh on 28 June, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 28th OF JUNE, 2022
MISC. CRIMINAL CASE No. 27582 of 2022
Between:-
ANKUSH SINGH BHADORIYA S/O SHRI RAI
SINGH BHADORIYA, AGED ABOUT 30 YEARS,
OCCUPATION: CONSTABLE R/O GRAM
PADKAULI, POST KANAT, TEHSIL MEHGAON,
DISTT. BHIND (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SUDHIR DUBEY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
PS-S.T.F DISTRICT BHOPAL (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI SUYASH THAKUR - GOVERNMENT ADVCOATE)
This application coming on for orders this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
This is the first application filed under Section 439 of Code of Criminal Procedure seeking for bail on behalf of the applicant in connection with Crime No.20/2022 registered at Police Station S.T.F. Bhopal (M.P.) for the offence under Sections 419, 420, 467, 468, 471 & 120-B of IPC.
The case of the prosecution is that on behalf of the applicant some other person impersonated him and sat in the examination of Police Constable held in the year 2013. He was arrested on 18.05.2022. Thereafter he filed an application 2 seeking for bail before the Court of Special Judge, CBI (VYAPAM), Bhopal which was rejected vide order dated 30.5.2022. Hence, the instant application.
The plea of the applicant is that even according to the prosecution, the incident is said to have occurred in the year 2013. That the investigation is in progress and his continued custody may not be necessary.
The same is disputed by the learned Government Advocate. O n hearing learned counsels, we are of the view that the applicant is entitled to be released on bail. The offence is said to have been committed in the year 2013. Keeping him in custody after such a long time, in our considered view, would lead to miscarriage of justice.
Hence, the application is allowed and the applicant is directed to be enlarged on bail on the following conditions:-
(1) Applicant - Ankush Singh Bhadoriya shall furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) with one solvent local surety or blood relative in the like amount to the satisfaction of the trial Court for his regular appearance during the trial in the aforesaid case;
(2) The applicant shall also comply with the conditions enumerated under Section 437 (3) of Code of Criminal Procedure meticulously;
( 3 ) The applicant will deposit his passport, if available, with the Investigating Agency, else file an affidavit in the concerned Court declaring that the applicant does not have any passport of any country. The applicant shall not leave the country without prior permission of the concerned Court. This compliance will be the condition precedent for release on bail; and, (4) In view of the COVID-19, jail authorities are directed to follow the Covid-19 protocol as per the Government guidelines before releasing the 3 applicant on bail.
The bail application stands disposed off accordingly.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
SKM
Digitally signed by
SANTOSH MASSEY
Date: 2022.06.28 14:06:35
+05'30'