Madhya Pradesh High Court
Kiboto Aye vs The State Of Madhya Pradesh on 4 October, 2024
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2024:MPHC-IND:29117
1 MCRC-42265-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 4 th OF OCTOBER, 2024
MISC. CRIMINAL CASE No. 42265 of 2024
KIBOTO AYE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ritu Raj Bhatnagar - advocate for the petitioner.
Shri Viraj Godha - Govt. Advocate for the respondent/State.
ORDER
Heard and perused the record.
2. This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail relating to Crime No.529/2023, registered at Police Station-Industrial Area, Jaora, District-Ratlam (M.P.) for offence under Sections 420, 406, 120(B) of IPC and Sections 21(1), 21(2), 21(3) of the Banning of Unregulated Deposit Scheme Act, 2019. The applicant is in custody since 21.08.2024.
3. Learned counsel for the applicant submits that the applicant is an innocent person and has falsely been implicated in this case. It is alleged that he has made available his account for being used by other co-accused T. Senti Pongen, who has been made accused in this case. Co-accused persons Hujefa Jamali, Washim and Wazid have already been enlarged on bail after depositing the transaction amount. The offences are triable by JMFC. The applicant is in custody since 21.08.2024. The applicant is ready to furnish local surety as he is the resident of Nagaland. Conclusion of trial will take a sufficient long time. Under these circumstances, counsel prays for Signature Not Verified Signed by: SUMATHI Signing time: 05-10- 2024 13:07:51 NEUTRAL CITATION NO. 2024:MPHC-IND:29117 2 MCRC-42265-2024 grant of bail to the applicant.
4. Learned counsel for the State has opposed the application and prayed to its rejection.
5. Looking to the facts and circumstances of the case and rival submissions of the counsel for the parties, I am of the view that it is a case in which applicant may be released on bail with the aforesaid conditions. Consequently without commenting on the merits of the case, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6. It is directed that the applicant shall be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the sum of Rs.25,000/- each (out of which one local surety) to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C..
7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(PREM NARAYAN SINGH) JUDGE sumathi Signature Not Verified Signed by: SUMATHI Signing time: 05-10- 2024 13:07:51