Basant Rawat vs The State Of Madhya Pradesh
2021 Latest Caselaw 101 MP

                                                         1                               MCRC-2350-2021
                               The High Court Of Madhya Pradesh
                                         MCRC-2350-2021
                                         (BASANT RAWAT Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 23-02-2021
                              Shri Yogesh Singh Baghel, learned counsel for the applicant.

                              Shri Akshat Saigal, learned Panel Lawyer for the respondent/State.

This is second bail application under Section 439 of Cr.P.C. for grant of bail to the applicant. His first bail application has been rejected by order dated 29.6.2020 passed in MCrC No.19848/2020.

The applicant has been arrested in connection with Crime No.100/2020 registered at Police Station Karanjiya, District Dindori (M.P.) for commission of offence punishable under Sections 409 and 420 read with 34 of the IPC.

Learned counsel for the applicant submitted that challan in the case has already been filed. Investigation is complete. It is further submitted that co- accused in the case namely; Navendra Yadav, Shivlal Dhurve and Gautam Bansel have been enlarged on bail. Learned counsel for the applicant submitted that applicant is ready to deposit an amount of Rs.3 Lakhs under protest. In the circumstances he made a prayer to release the applicant on

bail.

Learned Panel Lawyer appearing for the State opposed the application for grant of bail. It is submitted by him that first bail application has been dismissed on its merits. There is no change of circumstances. In the circumstances, he made a prayer that bail application may be rejected.

Considering the totality of facts and circumstances of the case, the fact that challan has already been filed, applicant is in jail since 25.5.2020 and the fact that applicant has willingly made a request that he is ready to deposit Rs.3 Lakhs, which is half the amount alleged against him, bail application filed by the applicant is allowed.

It is directed that applicant Basant Rawat may be released on bail on his furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand only) with Signature Not SAN Verified one solvent surety in the like amount to the satisfaction of the trial court, with Digitally signed by MONSI M SIMON Date: 2021.02.24 10:24:58 IST 2 MCRC-2350-2021 a condition that he will deposit an amount of Rs.3 Lakhs before the trial court. Amount deposited will be subject to final judgment passed by trial court.

The applicant shall abide by the conditions enumerated in Section 437 (3) of Cr. P. C.

C.C. as per rules.

                                                                             (VISHAL DHAGAT)
                                                                                  JUDGE


                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2021.02.24
10:24:58 IST