Subham Pandey vs The State Of Madhya Pradesh
2021 Latest Caselaw 9051 MP

                                   1                           MCRC-52265-2021
        The High Court Of Madhya Pradesh
                MCRC No. 52265 of 2021
                 (SUBHAM PANDEY Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 21-12-2021
      Shri B.K. Rajak, learned counsel for the applicant.

      Shri Ishan Soni, learned counsel for the Objector.
      Ms. Hemlata Kshatriya, learned Panel Lawyer for the State.
      This is second application under Section 439 of the Code of Criminal
Procedure on behalf of the applicant.

      First bail application was dismissed as withdrawn vide order dated
25.08.2021

passed in MCRC No.35609/2021.

Applicant is in jail since 15.06.2021 in connection with Crime No.246/2021 registered at Police Station-Bhedaghat, District-Jabalpur (MP) for the offence under Sections 420, 406, 201, 506 of the Indian Panel Code and Sections 66, 66-C of the I.T. Act.

As per prosecution story, applicant is said to have hacked the account of complainant and has withdrawn an amount of Rs.2,40,000/-. It is further submitted that applicant is in jail since 15.06.2021. Charge sheet in the case

has already been filed. Earlier bail application was dismissed as withdrawn with liberty to file a fresh application after recording of evidence of witnesses. Earlier bail application was not considered on merits of the case. Applicant is ready to deposit Rs.2,40,000/- under protest before the trial Court. On aforesaid grounds, counsel for applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for State opposed the bail application. It is submitted that applicant was robbed of his pension money. Complainant is aged about 70 years and he solely dependents on the money which was kept in his account. In this circumstances, she prays for rejection of bail application.

Heard the counsel for the parties.

Considering the aforesaid facts and circumstances of the case and the 2 MCRC-52265-2021 fact that applicant is in jail since long, charge sheet in the case has already been filed and also considering the proposal of applicant to deposit Rs.2,40,000/- under protest before trial Court, without commenting on the merits of the case, bail application stands allowed.

It is directed that the applicant-Subham Pandey shall be released on

bail on his furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand only) with solvent surety in the like amount to the satisfaction of the trial court on condition of depositing of Rs.2,40,000/- before the trial Court.

Amount which will be deposited by the applicant shall be kept in FDR and same will be subject to final judgment passed by the trial Court.

In addition to aforesaid condition, the applicant shall abide by the conditions enumerated under Section 437(3) of Cr. P. C.

C.C as per rules.

(VISHAL DHAGAT) JUDGE

shabana Digitally signed by SUNIL KUMAR PATEL Date: 2021.12.22 11:31:15 +05'30'