Madhya Pradesh High Court
Gokul vs The State Of Madhya Pradesh on 4 October, 2019
Author: Vandana Kasrekar
Bench: Vandana Kasrekar
M.Cr.C. No.36507/2019 1
Gokul S/o Radheshyam vs. State of M.P.
HIGH COURT OF M.P. : BENCH AT INDORE
04/10/2019 :-
Shri Amit Bhatia, learned counsel for the applicant.
Shri Nishith Wisahrd, learned Government Advocate for
the non-applicant/State.
Ms. Pooja Jain, learned counsel for the complainant.
Heard with the aid of case-diary.
ORDER
This is the first bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.04/2019 under Section 419, 420, 467, 468, 469, 471 and 506 of IPC registered at Police Station - Crime Branch, District-Indore and applicant is in custody since 01/08/2019.
2. According to the prosecution case, on 24/02/2019, the complainant saw an advertisement on Mobile Application "OLX" for selling a Swift Car, he contacted on given number, which was received by some person stating that he is Army Personnel and they are serving for Country, then on his persuasion, he made payment vide "Pay-TM". One of the said mobile number was of the present applicant. It is alleged that there are several persons involved in this crime cheating with people by making payment On-line and not delivering the goods as ordered. By this act, they committed fraud.
3. It is submitted by the learned counsel for the applicant that applicant is innocent and has falsely been implicated in the present case. There is no evidence against him. Conclude M.Cr.C. No.36507/2019 2 Gokul S/o Radheshyam vs. State of M.P. of trial is likely to take time. The applicant is permanent resident of District-Bharatpur (Rajasthan). There is no possibility of his absconding. He is ready to furnish adequate security. The accused is in custody since 01/08/2019. Investigation is over and charge-sheet has already been filed. Trial is likely to take time, therefore, he prays for release of the applicant on bail.
4. The learned Government Advocate and learned counsel for the complainant have opposed the bail application.
5. In view of the aforesaid, looking to the involvement of the applicant in the crime, gravity of offence, cheating people saying themselves Army Personnel and other facts and circumstances of the case, I do not find it proper to release the accused/applicant on bail. Therefore, the same stands dismissed.
(Ms. Vandana Kasrekar) Judge Aiyer* Digitally signed by Jagdishan Aiyer Date: 2019.10.05 14:59:09 +05'30'