Madhya Pradesh High Court
Anuj Bhomia vs The State Of Madhya Pradesh on 24 August, 2018
1 MCRC-28750-2018
The High Court Of Madhya Pradesh
MCRC-28750-2018
(ANUJ BHOMIA Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 24-08-2018
Shri Pratip Maheshwari, Counsel for the applicant.
Shri Rakesh Maheshwari, Public Prosecutor for the
respondent/State.
Case diary is available.
This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 31.1.2018 in connection with Crime No.63/2018 registered by Police Station Tukoganj, District Indore for offence punishable under Sections 420, 467, 468 of IPC.
It is submitted by the counsel for the applicant that as per prosecution case, the applicant had collected certain amount from the complainants in the name of either giving franchisees of PayTM or giving employment to the complainants. According to the prosecution case, in all, an amount of Rs.3,08,899/- has been collected by the applicant. Although the applicant has already returned some of the amount, but in order to show his bonaifde the applicant is ready and willing to deposit the entire amount of Rs.3,08,899/- without prejudice to his defence. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case and the applicant is in jail from 31.1.2018.
Per contra, the application is opposed by the counsel for the respondent/State.
Considering the facts and circumstances of the case and without commenting on the merits of the case as well as subject to deposit of an amount of Rs.3,08,899/- and without commenting on the merits of the case, the application is allowed. It is directed that on depositing the amount of Rs.3,08,899/-, the applicant be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rs. Forty Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
It is made clear that the deposit of amount of Rs.3,08,899/- shall be without prejudice to the defence of the applicant and would be the condition precedent for his release on bail.
Certified copy as per rules.
2 MCRC-28750-2018 (G.S. AHLUWALIA) JUDGE (alok) ALOK KUMAR 2018.08.24 13:47:36 +05'30'