Madhya Pradesh High Court
Prabhat Singh vs The State Of Madhya Pradesh on 28 May, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 28 th OF MAY, 2024
MISC. CRIMINAL CASE No. 20650 of 2024
BETWEEN:-
PRABHAT SINGH S/O SHRI RAMESHWAR SINGH, AGED
24 YEARS, OCCUPATION: BUSINESS R/O H.NO. 1455
WARD NO. 50 RAJEEV NAGAR 3 HATHKHOJ DISTRICT
BHILAI (CHHATTISGARH)
.....APPLICANT
(SHRI SANJAY KUMAR BAHIRANI- ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION CRIME BRANCH DISTRICT GWALIOR
(MADHYA PRADESH)
.....RESPONDENT
(SHRI A.P.S. TOMAR- PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.33/2024 registered at Police Station Crime Branch, District Gwalior (M.P.) for offence punishable under Sections 419, 420 and 120-B of the IPC and Section 4(a) of the Public Gambling Act. The applicant is in judicial custody since 16/04/2024.
As per the case of prosecution, Sub Inspector- Ramakant Upadhyay of Crime Branch, on secret information, conducted raid on car standing near Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 29-May-24 12:00:03 PM 2 Yashoda Tower Oahadpur, Gwalior on 15/04/2024. Four persons were found betting on IPL Cricket Match through website Mylaser 24.com. On personal search of Prabhat Singh (present applicant), Rs. 80,000/- was recovered from his pocket. On personal search of Azam Hussain, Rs. 20,000/- was recovered from his pocket. On personal search of Chitransh, Rs. 18,000/- was recovered from his pocket. On personal search of Vidhan Singh, Rs. 22,000/- were recovered from pocket of his pant. The mobile phone used by four persons alongwith cash amount was seized. Prabhat Singh, Azam Hussain, Chitransh and Vidhan Singh were arrested on spot for offence punishable under Section 4(a) of the Public Gambling Act. Their statements were recorded under Section 27 of the Evidence Act. FIR at Crime no. 33/2024 for offence punishable under Section 4(a) of the Public Gambling Act was registered by Police Station Crime Branch, Gwalior (M.P.) against Prabhat Singh, Azam Hussain, Chitransh and Vidhan Singh. They were released in compliance with Section 41-A of the Cr.P.C. Statements of witnesses were recorded. On 16/04/2024 accused were summoned for further investigation. Their statements were recorded under Section 27 of the Evidence Act. Bank details and debit card were recovered at the instance of Prabhat Singh. Thereafter, prosecution for offence punishable under Section 120-B, 419 and 420 of the IPC was added. Prabhat Singh (applicant), Azam Hussain, Chitransh and Vidhan Singh were arrested on 16/04/2024, they are in custody ever since. Investigation is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has falsely been implicated in this matter merely on suspicion. Learned counsel contends that no offence under Section 4(a) of the Public Gambling Act is made out, as there was no printing or publication of digits, figures, signs, symbols or pictures relating to Worli Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 29-May-24 12:00:03 PM 3 Matkas or other form of gaming in the matter. Learned counsel contends that in absence of complaint with regard to dishonest inducement to deliver money or valuable security, offence under Sections 419 and 420 of the IPC is not made out. Further, there is no complainant, who has alleged cheating against the applicant. Learned counsel for the applicant also submits that applicant is aged around 24 years. He is Transporter by profession. He has family to look after, therefore, there is no likelihood of absconsion leaving family, home and profession. No criminal antecedent is reported against the applicant. There is no likelihood of tampering with evidence by the applicant. No further custodial interrogation is required against the applicant. Trial would take time to conclude. Co-accused Aajan Husain has been extended benefit of bail by this C o ur t v i d e order dated 10.05.2024 passed in MCRC No.18997/2024. Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant PRABHAT SINGH shall be released on bail in relation to Crime No. 33/2024 registered at Police Station Crime Branch, District Gwalior (M.P.) for offence punishable under Sections 419, 420 and 120-B of the IPC and Section 4(a) of the Public Gambling Act, upon furnishing a personal bond in the sum of Rs. 2,00,000/- (Rupees Two Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 29-May-24 12:00:03 PM 4 Lakh Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, : (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial. However, in case of Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 29-May-24 12:00:03 PM 5 breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE Avi Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 29-May-24 12:00:03 PM