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Madhya Pradesh High Court

Pushpendra Yadav vs The State Of Madhya Pradesh on 28 March, 2022

Author: Vishal Mishra

Bench: Vishal Mishra

                                                                           1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                          BEFORE
                                                            HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                 ON THE 28th OF MARCH, 2022

                                                         MISC. CRIMINAL CASE No. 12497 of 2022

                                                Between:-
                                                PUSHPENDRA YADAV S/O LATE SHRI RAM
                                                KAUSHAL YADAV , AGED ABOUT 25 YEARS,
                                                OCCUPATION:  SERVICE(ARMY     MAN)   R/O
                                                VILLAGE CHORHA POLICE STATION LAUR TAHSIL
                                                MAUGANJ DISTRICT REWA M.P. (MADHYA
                                                PRADESH)

                                                                                                          .....APPLICANT
                                                (BY SHRI SATYAM AGRAWAL, ADVOCATE)

                                                AND

                                                THE STATE OF MADHYA PRADESH THROUGH
                                                POLICE STATION CITY KOTWALI DISTRICT REWA
                                                M.P. (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                                (BY SHRI ALOK AGNIHOTRI, DEPUTY GOVERNMENT ADVOCATE)

                                             This application coming on for admission this day, the Court passed the
                                       following:
                                                                            ORDER

This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier bail application was dismissed as withdrawn vide order dated 22.02.2022, in M.Cr.C. No.7861/2021.

T h e applicant has been arrested on 15.12.2021 by Police Station City Kotwali, Rewa, District Rewa (M.P.) in connection with Crime No.880/2021 for the offence punishable under Section 420 of IPC and Sections 66C and 66D of the Information Technology Act.

T he allegation against the present applicant is that he has instigated the complainant to make investments in the particular Company, but the amount has never been deposited in the account of Company and by making some forged documents the entire amount has been withheld by the applicant in his personal account itself.

It is submitted that the applicant has falsely been implicated in the case and Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.03.29 10:44:22 IST he has not committed any offence in any manner. It is further submitted that the 2 investigation is over and the charge-sheet has been filed in the matter on 06.02.2022. There is no further requirement of custodial interrogation of the applicant. It is further submitted that the applicant shows his bonafides. On instructions, it is pointed out that the applicant is ready to deposit the entire defalcated amount i.e.Rs.24,00,000/- before the concerning trial court in the form of FDR, but a prayer is made that the amount will not be disbursed to the complainant without leave of the Court. It is argued that the aforesaid statement has been made on the instructions of the applicant given to his counsel. He will file an affidavit to the aforesaid effect before the trial Court at the time of furnishing of the bail bonds. He has further ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. In view of the aforesaid, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that there are specific allegations against the applicant of taking the amount from the complainant and could not be deposited in the account of Company. Certain documents were forged and sent on Whatsapp to the complainant on behalf of Company. It is argued that another case has been registered against the present applicant of similar nature by the relative of the present victim. Filing of the charge-sheet is not disputed by the state counsel.

Considering the overall facts and circumstances of the case and also the undertaking given by the applicant that he will ready to furnish the entire defalcation amount, this Court deems it appropriate to allow the application. Accordingly, this application is allowed subject to deposition of an amount of Rs.24,00,000/- (Rupees Twenty Four Lacs) in the form of FDR of the Nationalized Bank before the concerning trial Court and also subject to filing of an affidavit before the trial Court to that effect, the applicant be released on bail on his furnishing a surety bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate local surety in the like amount to the satisfaction of trial Court. The aforesaid FDR will not be encashed in favour of anyone without leave Signature Not Verified SAN of the court.

Let the FDR be furnished within a period of seven days from today. The 3 release warrant shall be made only on furnishing the FDR.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima-facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE taj Signature Not Verified SAN Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.03.29 10:44:22 IST