Madhya Pradesh High Court
Binay vs The State Of Madhya Pradesh on 10 September, 2024
NEUTRAL CITATION NO. 2024:MPHC-GWL:15507
1 MCRC-19428-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 10th OF SEPTEMBER, 2024
MISC. CRIMINAL CASE No. 19428 of 2024
BINAY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Raj Kumar Shrivastava and Shri Sourav Singh Tomar - Advocates
for the applicant..
Shri Samar Ghuraiya - Public Prosecutor for the State with I.O. Shri
Devendra Mishra, T.I., Police Station Kotwali District Datia.
ORDER
This is the second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.390/2018 registered at Police Station Kotwali District Datia (M.P.) for the offence under Sections 420, 467, 468, 469, 471, 406, 409, 120-B of IPC. Applicant's first bail application was dismissed as withdrawn by order dated 02.11.2023 passed in M.Cr.C. No.39318/2023.
2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. He has passed on board the synopsis and submits that present applicant has no relation with the companies which have been reflected in the FIR viz. Greenage Food Preproduct Limited; Pincon Infrastructure Limited; L.R.N Finance Limited; LRN Limited; ASK Signature Not Verified Signed by: AMAN TIWARI Signing time: 9/11/2024 7:10:08 PM NEUTRAL CITATION NO. 2024:MPHC-GWL:15507 2 MCRC-19428-2024 Finance Limited; Utkal Multistate Limited; and Universal Multi State Limited. It is submitted that present applicant is the director of companies viz. Ajanma Constructions Private Limited; Universal Agrobase Private Limited; Universal Udyog Limited; Universal Real Infratech Private Limited; JB Avas Private Limited; and JB Nivas Private Limited. The applicant is not involved in the alleged offence. It is also submitted by learned counsel for applicant that Manoranjan Rai was the main accused but his name has been removed by the prosecution during the prosecution, for which no sufficient reason has been assigned. It is submitted that in a similar case pending at Gwalior, present applicant has been granted bail by the Trial Court vide Annexure A-6. It is submitted that applicant is in custody since 10.07.2023. The charge-sheet has been filed on 02.09.2023. The first bail application of applicant was withdrawn because of non-availability of copy of charge-sheet. Further custodial interrogation of applicant is not required. He is ready and willing to abide by any condition which may be imposed by the Court. Conclusion of trial will take time. On these grounds, learned counsel prays for grant of bail to the applicant.
3. Per contra, learned counsel for the State opposed the bail application and prayed for its rejection.
4. I.O., present before this Court, is unable to submit any document showing the fact that the present applicant is the director of aforesaid companies which have been mentioned in the FIR.
5. Heard learned counsel for the parties and perused the case-diary.
6. Having considered the rival submissions and that in another case at Signature Not Verified Signed by: AMAN TIWARI Signing time: 9/11/2024 7:10:08 PM NEUTRAL CITATION NO. 2024:MPHC-GWL:15507 3 MCRC-19428-2024 Gwalior, the present applicant has been granted bail by the Trial Court and that the I.O. present before this Court alongwith learned Public Prosecutor, is unable to show any document to show that the present applicant is the director or official of the companies and considering the aforesaid facts so also the period of custody, but without expressing any opinion on the merits of the case, this Court is of the view that applicant may be granted bail but with stringent conditions, hence, the application is allowed with stringent conditions. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lacs Only) with two local sureties, each of Rs.2,50,000/- to the satisfaction of the trial Court/committal Court.
7. This order will remain operative subject to compliance of the following conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the case may be;
iii) 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;
iv) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he is found involved in the offence of same nature, this bail order shall stand cancelled automatically without further Signature Not Verified Signed by: AMAN TIWARI Signing time: 9/11/2024 7:10:08 PM NEUTRAL CITATION NO. 2024:MPHC-GWL:15507 4 MCRC-19428-2024 reference to the Bench.
v) The applicant will not seek unnecessary adjournments during the trial;
vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and vii ) The applicant shall appear before the concerned police station once in every fortnight till conclusion of the trial.
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.
(RAJENDRA KUMAR VANI) JUDGE Aman Signature Not Verified Signed by: AMAN TIWARI Signing time: 9/11/2024 7:10:08 PM