Madhya Pradesh High Court
Naveen Shukla vs The State Of Madhya Pradesh on 30 June, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 30 th OF JUNE, 2023
MISC. CRIMINAL CASE No. 15591 of 2023
BETWEEN:-
NAVEEN SHUKLA S/O SHRI GIRISH SHUKLA, AGED
ABOUT 31 YEARS, OCCUPATION: SERVICE R/O D 105
SPRITATURE 360 KATARA HILLS DISTRICT BHOPAL
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI GHANSHYAM PANDEY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION LALBAG DISTRICT BURHANPUR (MADHYA
PRADESH)
.....RESPONDENT
(SHRI SOURABH SHUKLA - PANEL LAWYER FOR THE STATE)
(SHRI SUNIL MISHRA - ADVOCATE FOR OBJECTOR/COMPLAINANT)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the second application filed by the applicant under Section 439 of t h e Cr.P.C. for grant of regular bail relating to FIR No.62/2022 dated 28.01.2022 registered at Police Station Lalbag, District-Burhanpur (M.P.) for commission of offence under Section 420 of IPC. He is in detention since 14.03.2023.
2. Applicant's first bail application was dismissed as withdrawn vide order dated 06.04.2023 passed in M.Cr.C. No.13946 of 2023.
3. As per the prosecution story, complainant Rashmidevi W/o Sanjay Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 7/1/2023 2:43:21 PM 2 Agrawal, aged about 55 years R/o Venkatesh Vila, Infront of Collectorate, Bahadarpur Raod, Burhanpur filed a complaint in writing before the police alleging that she had purchased insured by two insurance policies bearing policy Nos.70351795 and 70351796 and amount of Rs.12,50,000/- of each policy was by her by depositing entire premium. On 19.01.2022, she came to know that on 11.01.2022, 13.01.2022 and 17.01.2022, an amount of Rs.10,02,209.60/- has been fraudulently withdrawn from her policies. She had never deposited or surrendered her policies with the insurance company and no amount/claim was received by her. Someone by using her Bank account, E-mail ID, mobile number fraudulently had withdrawn that amount. F.I.R. was registered. After investigation, charge-sheet has been filed.
4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He had no knowledge as to how money came into his account; his bank's account number has been used by someone dishonestly. It is submitted that parties have entered into compromise and an offence under Section 420 of IPC is a compoundable offence. After investigation, charge-sheet has been filed. Therefore, it has been prayed that applicant be released on bail.
5. O n the other hand, learned counsel for the State has opposed the prayer for grant of bail, but learned counsel for the objector/complainant has submitted that parties have entered into compromise and he has no objection, if the applicant is released on bail.
6. In this case, parties have entered into compromise. After investigation, charge-sheet has been filed. Trial of the case will take considerable time. Applicant has already suffered more than 3 months incarceration. Therefore, Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 7/1/2023 2:43:21 PM 3 having taken into consideration all the facts and circumstances of the case, but without expressing anything on the merit, I am of the view that it is a case in which further pretrial detention of the applicant/accused is not warranted. Consequently, this second bail application under Section 439 of the Cr.P.C. filed on behalf of applicant, stands allowed.
7. It is directed that applicant - Naveen Shukla be released on bail on h is furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount 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.
8. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE @shish Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 7/1/2023 2:43:21 PM