Madhya Pradesh High Court
Rahis vs The State Of Madhya Pradesh on 22 February, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
The High Court Of Madhya Pradesh
MCRC-02688-2022
(AKASH Vs THE STATE OF MADHYA PRADESH)
MCRC No. 2600 of 2022
(JAIPAL Vs THE STATE OF MADHYA PRADESH)
MCRC No. 2609 of 2022
(RAHIS Vs THE STATE OF MADHYA PRADESH))
Indore, Dated : 22-02-2022
Shri Mohan Lal Patidar, learned counsel for the applicant in M.Cr.C.
No.2688/2022.
Shri Anshuman Shrivastava, learned counsel for the applicants in M.Cr.C.
No.2600/2022 and 2609/2022.
Shri Sameer Verma learned Panel Lawyer for the respondent /State.
Shri Pritesh Rathore, learned counsel for complainant.
This application coming on for admission this day, the court passed
the following:
ORDER
This is an application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.
The applicants are facing trial in connection with Crime No.1728/2021, registered at Police Station Lasudiya, District Indore for the offence punishable under section 420/34 of IPC, 1860. The applicants are in custody since 30/12/2021.
As per prosecution story, allegation against the applicants are that they are employees of Sky Elgo Tech Company wherein the complainant and other investors were cheated by promising double return of their investment.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. They are merely employees of Sky Elgo Tech Company and no money has been deposited in their account. The complainant has settled the dispute and has no objection in grating bail to the applicants. Applicants are in jail since 30/12/2021 and the SUMATHI JAGADEESAN conclusion of trial will take sufficient time. On the aforesaid grounds, prayer Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH is made to release the applicant on bail.
INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a5432c9ce6df4c49ae5562 51c6a1b1fca11a86643b2a2, pseudonym=BEF252392AFC4F748B6F8C1E18D805F7FAC D91F2, serialNumber=28E58B6FE482FD4DF2469FAAFF13E83617 8C3C81533BF4D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.02.22 18:02:33 +05'30' 2 Learned Panel lawyer has opposed the application and prayed for its rejection.
Learned counsel for the complainant submits that complainant has settled the dispute and has no objection if the bail is granted to the applicants.
He has also filed affidavit in this regard and he has no grievance with the applicants.
I have heard the counsel for the parties and perused the record. Looking to the facts and circumstances of the case, on a perusal of the material available on record, and the fact that complainant has no objection in granting bail to the applicant, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant-Akash be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount and applicants- Jaipal and Rahis be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the sum of Rs.25,000/- (Rupees twenty five thousand only) each (out of which one of local surety) to the satisfaction of the trial court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicants shall comply with the provisions of Section 437(3) Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicants.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
SUMATHI
JAGADEESAN Certified Copy as per rules.
Digitally signed by SUMATHI JAGADEESAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a5432c9ce6df4c49ae556251c6a1b1f ca11a86643b2a2, pseudonym=BEF252392AFC4F748B6F8C1E18D805F7FACD91F2, serialNumber=28E58B6FE482FD4DF2469FAAFF13E836178C3C8153 3BF4D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.02.22 18:02:53 +05'30' 3 (RAJENDRA KUMAR (VERMA)) JUDGE sumathi Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, SUMATHI 2.5.4.20=2c031063fea95cabb51a543 2c9ce6df4c49ae556251c6a1b1fca11 JAGADEESAN a86643b2a2, pseudonym=BEF252392AFC4F748B6 F8C1E18D805F7FACD91F2, serialNumber=28E58B6FE482FD4DF 2469FAAFF13E836178C3C81533BF4 D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.02.22 18:03:11 +05'30'