Madhya Pradesh High Court
Virendra Patel vs The State Of Madhya Pradesh on 20 January, 2023
Author: Nandita Dubey
Bench: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
ON THE 20 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 59271 of 2022
BETWEEN:-
VIRENDRA PATEL S/O LATE SHRI RAMSHARAN PATEL,
AGED ABOUT 32 YEARS, OCCUPATION: LABOUR R/O
VILLAGE POST RITHI P.S.CITY KOTWALI, DISTRICT
REWA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI NEERAJ SINGH CHAUHAN - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BICHHIYA DISTRICT-REWA (MADHYA
PRADESH)
.....RESPONDENT
(RESPONDENT/STATE BY MS. PRASHANSHA BAIS - PANEL LAWYER)
(OBJECTOR BY SHRI SHESH RAJ KUSHWAH - ADVOCATE)
This application coming on for admission this day, the Court passed
the following:
ORDER
IA No.1237/2023, an application for permission to assist the prosecution, is allowed.
This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 02.12.2022 in connection with Crime No.437/2022 registered at P.S. Bichhiya, District Rewa (M.P.) for the offence punishable under Section 306 and 420 of the IPC.
Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 1/20/2023 5:59:02 PM 2As per the prosecution, on 07.11.2022 one Dilip Bharti committed suicide. Thereafter a complaint was lodged against the present applicant that he helped in getting the KCC loan in the names of Dilip Bharti as well as complainant P.K.Patel. It is alleged that the complainant and the deceased thereafter gave a total sum of Rs.5.75 lakh to the present applicant for construction of Polyhouse, however, the applicant has neither constructed the Polyhouse nor returned the amount due to which deceased Dileep committed suicide. On the basis of these allegations, the present case was registered against the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated. It is stated that he has not committed any fraud and was not responsible for the suicide of deceased Dileep Bharti. The applicant is ready to abide by all the terms and conditions, in case bail is granted to him.
Learned counsel for the objector as well as State have vehemently opposed the bail application. It is stated that the present applicant has committed fraud with his brother, resultantly, the brother has committed suicide. However, on enquiry, it is fairly submitted that the amount of the loan has come to their accounts and from their accounts, they have given cheques to the present applicant for construction of Polyhouse. However, the Polyhouse was not constructed and the said amount has not been returned.
Considering the submissions of learned counsel for the parties and the case diary statements, prima facie it seems that the transaction between the parties was of commercial nature and at the most its a case of breach of contract and not of abetment, therefore, without adverting to the merits of the case, this application is allowed.
Signature Not VerifiedIt is directed that applicant be released on bail on furnishing a personal Signed by: JITIN KUMAR CHOURASIA Signing time: 1/20/2023 5:59:02 PM 3 bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.
Certified copy as per rules.
(NANDITA DUBEY) JUDGE jk Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 1/20/2023 5:59:02 PM