Madhya Pradesh High Court
Sourabh Mishra vs The State Of Madhya Pradesh on 21 December, 2021
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 60348/2021
(Sourabh Mishra Vs. State of M.P. )
1
Jabalpur, Dated : 21 / 12/ 2021
Shri Pushpendra Dubey, learned counsel for the applicant
Shri D.K. Shukla, learned P.L. for the respondent-State.
Heard with the aid of case diary.
This is first application filed under section 439 Cr.P.C. Applicant Sourabh Mishra was arrested on 29.10.2021 in Crime No. 776/2021 registered at Police Station Kotwali Betul, District Betul for the offence punishable under Sections 420, 406 of IPC and Section 6(1) of M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. Even otherwise the only allegation against the applicant is that applicant committed fraud with the complainant and other people and embezzled an amount of Rs.1,14,000/- but the applicant has returned the said amount to the complainant and other people. The applicant has been in custody since 29.10.2021 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the crime, so he should not be released on bail.
Looking to the facts and circumstances of the case and the contention of learned counsel for the applicant and the fact that applicant has returned the embezzled amount to complainant and other people, applicant is in custody since 29.10.2021 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 60348/2021 (Sourabh Mishra Vs. State of M.P. ) 2 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 trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed by
NAVEEN KUMAR
SARATHE
Date: 2021.12.21
18:49:11 +05'30'