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Madhya Pradesh High Court

Vasim Khan vs The State Of Madhya Pradesh on 28 April, 2022

Author: Vishal Mishra

Bench: Vishal Mishra

                                                                         1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                             ON THE 28th OF APRIL, 2022

                                                 MISC. CRIMINAL CASE No. 21100 of 2022

                                         Between:-
                                         VASIM KHAN S/O SHRI ALIMULLA KHAN , AGED
                                         ABOUT 36 YEARS, OCCUPATION: PRIVATE WORK
                                         R/O WARD NO. 5 MAUGANJ P.S. MAUGANJ
                                         DISTRICT- REWA, MADHYA PRADESH (MADHYA
                                         PRADESH)

                                                                                                   .....PETITIONER
                                         (BY SHRI S.P DUBEY, ADVOCATE)

                                         AND

                                         THE STATE OF MADHYA PRADESH THROPUGH
                                         POLICE STATION KOLGAWAN DISTRICT- SATNA,
                                         M.P. (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                         (BY SHRI HITENDRA GOLANI, PANEL LAWYER)

                                      This application coming on for admission this day, the court passed the
                                following:
                                                                         ORDER

This is the Second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. Earlier bail application was dismissed as withdrawn vide order dated 07/03/2022 passed in M.Cr.C. No.11292/2022 with liberty to repeat the same after filing of charge-sheet.

The applicant has been arrested on 16/02/2022 by Police Station-Kolgawan, District Satna (M.P.) in connection with Crime No.1225/2019 for the offence punishable under Sections 420 & 409 of the IPC.

The allegation against the present applicant is that he has committed cheating and received an amount of Rs.13,44,000/-

It is submitted that the applicant has been falsely implicated in the case and has not committed any offence in any manner. It is submitted that the application under Section 438 of Cr.P.C, the applicant has already enlarged on bail vide order dated 28/11/2019 passed in M.Cr.C No.49241/2019. It is argued that the charge-

sheet has been filed in the matter on 29/03/2022, therefore, there is no further 2 requirement of custodial interrogation of the applicant. The other co-accused in this crime has already in custody. The applicant is a first offender and he is in custody since 16/02/2022. He is ready to abide by all the terms and conditions that has been imposed by this Court. In view of the aforesaid he prays for grant of bail.

Per contra, learned counsel appearing for the State vehemently opposed the application stating that there is specific allegation against the applicant is that he has committed cheating and received an amount of Rs.13,44,000/-. Filing of charge- sheet as well as applicant is a first offender is not disputed by the State counsel as per case diary record.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed subject to verification of the fact that applicant is a first offender, he be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. If the applicant is found involved in any case except present one, his bail SAN Digitally signed by PRARTHANA shall stand rejected without any reference to the Court;

8. The applicant will inform the concerned S.H.O. of concerned Police 3 Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

In view of the COVID-19, jail authorities are directed to follow the Covid Protocol guidelines before releasing the applicant.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE Prar Signature Not Verified SAN Digitally signed by PRARTHANA SURYAVANSHI Date: 2022.04.29 14:17:43 IST