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Madhya Pradesh High Court

Ram Niwas Gole vs Union Of India on 12 September, 2022

Author: Nandita Dubey

Bench: Nandita Dubey

                                                            1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                            HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                  ON THE 12th OF SEPTEMBER, 2022

                                         MISC. CRIMINAL CASE No. 39369 of 2022

                                  BETWEEN:-
                                  RAM NIWAS GOLE S/O SHRI MATADIN GOLE,
                                  AGED    ABOUT    56  YEARS, OCCUPATION:
                                  PRIVATE JOB, R/O WARD NO. 37 MANOHAR
                                  GALI,  GOPALPURA    DISTRICT   MORENA
                                  (MADHYA PRADESH)

                                                                                        .....PETITIONER
                                  (BY SHRI SHARAD VERMA, ADVOCATE)

                                  AND
                                  UNION OF INDIA THROUGH CENTRAL BUREAU
                                  OF INVESTIGATION AND ANTI CORRUPTION
                                  BUREAU, CHAR IMLI ANVESHAN PARISHAR
                                  DISTRICT- BHOPAL (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                                  (BY SHRI PANKAJ DUBEY, ADVOCATE)

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

The applicant has filed this repeat (2nd) bail application under Section 439 of Cr.P.C. His first bail application was dismissed as withdrawn vide order dated 20.6.2022 in M.Cr.C. No.25471/2022.

The applicant is in custody since 2.4.2022 in connection with Crime No.RC0082020A0002 registered at Police Station-CBI, ACB, District Bhopal for the offences punishable under Section 120-B r/w Sections 407, 420, 467, 468, 471, 201 of IPC and Section 13(1)(d) r/w Section 13(2) of Prevention of Corruption Act, 1988.

Th e allegation against the present applicant is that he along with other co- accused person Umendra Agrawal, who is the owner of the warehouse issued receipts to the different persons, who obtained loan on the basis of those receipts, even though the stock was not available in the warehouse.

Learned counsel for the applicant submits that co-accused persons Umendra Kumar Agrawal, Smt. Heera Jain, Ranjan Kumar Sinha and Leelawati Agrawal have filed applications under Section 482 of Cr.P.C., and the Division Bench of this Court has allowed their applications and quashed the impugned order dated 19.1.2022 to the extent it relates to rejection of application under Section 70(2) of Cr.P.C. subject to the condition that applicants appear and furnish bail bond to the satisfaction of the learned trial Judge. It is further submitted that the charge sheet has already been filed and the present applicant is ready to abide by the all the terms and conditions imposed by this Court. It is stated that the present applicant has not taken any loan nor any amount has been received by him.

Learned counsel for the respondent has opposed the bail application, however, he fairly submits that the receipts seized by the CBI bear the signature of main accused Umendra Agrawal.

Considering the custody period of present applicant and the fact that the trial would take considerable time to conclude, this application is allowed.

It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety in the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE Ansari Signature Not Verified Signed by: MANZOOR AHMED Signing time: 9/12/2022 4:40:57 PM