Shubham Rai @ Shivam Rai vs The State Of Madhya Pradesh on 17 May, 2022

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Madhya Pradesh High Court

Shubham Rai @ Shivam Rai vs The State Of Madhya Pradesh on 17 May, 2022

Bench: Vishal Mishra

                                                                          1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                      BEFORE
                                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                   ON THE 17th OF MAY, 2022

                                                    MISC. CRIMINAL CASE No. 23782 of 2022

                                             Between:-
                                             SHUBHAM RAI @ SHIVAM RAI S/O SHRI VIJAY
                                             R A I R/O 443, BEHIND M.K. MEMORIAL
                                             SCHOOL, LEHRI BABA ASHRAM, MADHUVAN
                                             COLONY, UKHRI ROAD JABALPUR (M.P.)
                                             (MADHYA PRADESH)

                                                                                                    .....PETITIONER
                                             (BY SHRI SOURABH MAKHEEJA, ADVOCATE )

                                             AND

                                             THE STATE OF MADHYA PRADESH THROUGH
                                             POLICE STATION GORAKHPUR JABALPUR
                                             (M.P.) (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                             (BY SHRI ATMA RAM BEN, DY. GOVT. ADVOCATE )

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

This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 17.03.2022 by Police Station Gorakhpur, District Jabalpur (M.P.) in connection with Crime No.157/2022 for the offence punishable under Sections 420 & 34 of Indian Penal Code.

It is submitted that the applicant has been falsely implicated in the case Signature Not Verified SAN and he has not committed any offence in any manner. Investigation is over and Digitally signed by SUSHEEL KUMAR JHARIYA a charge-sheet has been filed in the matter on 17.03.2022. He is the first Date: 2022.05.18 12:21:33 IST 2 offender and is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. 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 allegation against the present applicant is of taking amount of Rs.50,000/- by playing fraud and other co-accused are still absconding in the matter. The applicant being the first offender as per the case diary record is not disputed by the State counsel.

Considering the over all facts and circumstances of the case and, without commenting upon the merits of the case, this Court deem it appropriate to allow this application. Accordingly, the application is allowed. Subject to the verification of the fact that the applicant is the first offender, he is directed to 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 him from disclosing such facts to the Court or to the Police Officer, Signature Not Verified SAN as the case may be;

Digitally signed by SUSHEEL KUMAR JHARIYA

4. The applicant shall not involve any other offence, in case the applicant Date: 2022.05.18 12:21:33 IST 3 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 shall stand rejected without any reference to the Court; and

8. The applicant will inform the concerned S.H.O. of concerned Police 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 Covid Protocol and Guidelines before releasing the applicant on bail.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE sj Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.05.18 12:21:33 IST

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