Madhya Pradesh High Court
Abdul Rajjak vs The State Of Madhya Pradesh on 16 April, 2019
The High Court of Madhya Pradesh
M.Cr.C.No.15094/2019
(Abdul Rajjak Vs. State of M.P. )
1
Jabalpur, Dated : 16.4.2019
Shri Manish Datt, learned Senior Advocate with Shri
N.P.Verma, counsel for the applicant.
Shri Maqbool Khan, G.A., for the respondent/State.
Heard. Case diary perused.
This is first bail application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant.
The applicant has been arrested in connection with Crime No.140/2019, registered at Police Station Kotwali Khandwa, District Khandwa, for the offence punishable under Section 420 of IPC.
The allegation of prosecution is that applicant had cheated the complainant and many other persons by providing finance for purchasing mobile and extracted money by using SIM cards. The report of the incident was lodged. On that basis aforesaid offence has been registered against the applicant.
Learned counsel for the applicant has submitted that the applicant is innocent person. The applicant is in custody since 9.3.2019. The trial will take a long time to conclude. It is further submitted that there is no likelihood of his absconding or tampering with the prosecution witnesses. It is submitted by the learned counsel for applicant that the applicant is ready to deposit a sum of Rs.1,00,000/- before the trial Court, under protest and it is prayed that the applicant be released on bail.
Learned Government Advocate for State has opposed the application for bail.
The applicant is in judicial custody since 9.3.2019. As the applicant is ready to deposit an amount of Rs.1,00,000/-, under protest, I deem it proper to release the applicant on bail.
Considering the facts and circumstances of the case, this application is allowed. It is directed that on the applicant The High Court of Madhya Pradesh M.Cr.C.No.15094/2019 (Abdul Rajjak Vs. State of M.P. ) 2 depositing a sum of Rs.1,00,000/- (Rupees one lac only) (under protest) before the trial Court, the applicant Abdul Rajjak, shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety to the satisfaction of the trial Court. The applicant shall abide by the conditions as enumerated under Section 437(3) of the Cr.P.C. and in the event of breach of condition of bail, the trial Court will be competent to take coercive action against the applicant. It is further directed that the amount so deposited shall be kept in the form of FDR for a period of 3 years before the trial Court and shall be subject to the final outcome of the trial.
This M.Cr.C. stands allowed and disposed of. C.C. as per rules.
(MOHD. FAHIM ANWAR) JUDGE M. Digitally signed by SANTOSH P MATHEWS Date: 2019.04.16 17:21:44 +05'30'