Madhya Pradesh High Court
Vikram Singh Chouhan vs The State Of Madhya Pradesh on 27 January, 2015
M.Cr.C. No. 20518/2014 27.1.2015
Shri Ghanshyam Pandey, Advocate for the applicant. Shri Vijay Soni, Panel Lawyer for the State. This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 4.7.2014 in connection with Crime No. 828/2013 registered at P.S. Jahangirabad, District Bhopal for the offences punishable under Sections 420, 467, 468, 471, 34 of the IPC.
As per prosecution, it is alleged against the applicant and other co-accused persons that they entered into a conspiracy to deceive complainant Kamla Pandey for admission of her nephew and for this purpose they took a sum of `16,00,000/- from the complainant. It is further alleged against the applicant that he supplied confirmation letter to the complainant.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. As per prosecution's own case, only `1,50,000/- has been given by the co-accused persons to the applicant, out of which a sum of `5,000/- has been recovered from the applicant. The applicant has no criminal antecedent. He is a permanent resident of Narsinghpur, there is no possibility of his absconding from the trial. The applicant is ready to deposit 50% of the aforesaid amount i.e. a sum of `75,000/- under protest before trial Court. The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for State has opposed the application. On due consideration of the contentions raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed.
It is directed that the applicant shall be released on bail subjected to depositing a sum of `75,000/- under protest before committal Magistrate and on his furnishing a personal bond in a sum of `30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
It is made clear that the aforesaid amount of `75,000/- shall be subject to outcome of the instant criminal case and if the applicant is acquitted in the instant criminal case, he will be entitled to get back aforesaid sum of `75,000/-.
Certified copy as per rules.
(G.S.Solanki) Judge PB