Madhya Pradesh High Court
Shokin vs The State Of Madhya Pradesh on 16 July, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.33513/2021
(Shokin Vs. State of M.P.)
-1-
Indore, dated 16/07/2021
Heard through Video Conferencing.
Mr. R.K. Sharma, learned counsel for the applicant.
Mr. Shalabh Sharma, learned Panel Lawyer for the respondent /
State.
This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.10/2020 registered at Police Station- Crime Branch, District-Indore (MP) for offence punishable under Sections 419, 420, 467, 468, 471, 120-B of IPC & Sections 43 and 66 of Information Technology Act. The applicant is in custody since 20.03.2021.
02. Heard learned counsel for the parties and perused the case- diary.
03. As per prosecution story, the complainant - Hussain and 39 other complainants submitted their complaints before the Additional S.P, Crime Branch, Indore to the effect that applicant- Shokin along with other co-accused persons by impersonating themselves to be army officers used to fraudulently acquire money by pretending to sell the products on the online plateform. The applicant has committed fraud on OLX online platform from July, 2020 for which he got training from one co-accused Irfan. It is also alleged that the applicant committed fraud with complainant- Devlal Rajak for selling an Alto Car for an amount of Rs.60,000/- and received Rs.22,000/-. Police registered case against the present applicant and other co- accused persons and recovered mobile phone from the possession of the applicant.
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.33513/2021 (Shokin Vs. State of M.P.) -2-
04. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the crime. The co-accused namely Ramraj Chaudhary and Ranjeet Kumar are the mastermind behind the whole crime. The applicant has no previous criminal antecedents and the investigation is complete and charge-sheet has been filed. The applicant is the permanent resident of Bharatpur, Rajasthan. Trial is not likely to commence in near future due to Covid-19 pandemic, hence, learned counsel for the applicant prays for grant of bail to the present applicant.
05. Per contra, learned learned government advocate for respondent
- State opposes the bail application and prays for its rejection. He submits that same type of crimes have been committed by 128 other accused persons with 39 complainants and therefore, no sufficient ground is made out to release the applicant on bail.
06. Considering the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties and keeping in view the fact that such fraud has also been committed with 40 persons by using OLX social media platform and so many accused persons are involved in the alleged offence, hence, without commenting on the merits of the case, this Court is of the considered opinion that at this stage, no case for grant of bail is made out to the applicant. The present application is dismissed.
Certified copy as per rules.
(Anil Verma) Judge N.R. Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.07.16 19:06:57 +05'30'