Deepak @ Fatehbahadur vs The State Of Madhya Pradesh
2022 Latest Caselaw 5850 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-19846-2022 Deepak @ Fatehbahadur Vs. State of MP

Gwalior, Dated : 21/04/2022

Shri Ravi Dwivedi, Counsel for the applicant.

Shri A.K. Nirankari, Counsel for the State.

Case Diary is available.

This second application under Section 439 of CrPC has been

filed for grant of bail. First application of the applicant was dismissed

as withdrawn by order dated 10.03.2022 passed in M.Cr.C.

No.9485/2022.

The applicant has been arrested on 20.01.2022 in connection

with Crime No.565/2018 registered at Police Station City Kotwali

Distt. Bhind for offence under Section(s) 420, 467, 468 and 471 of

IPC and Sections 66-C and 66-D of I.T. Act.

It is submitted by the counsel for the applicant that the police

after completing the investigation has filed the supplementary charge-

sheet against the applicant. Test Identification Parade of the applicant

has not been conducted. The allegations are that by making clone of

ATM card, huge amount was fraudulently withdrawn from the bank

account of different persons. However, the applicant has been

impleaded as an accused merely on the basis of confessional statement

made by the co-accused persons. The applicant is ready and willing to

abide by any stringent condition which may be imposed by the Court.

The Trial is likely to take sufficiently long time and there is no

THE HIGH COURT OF MADHYA PRADESH MCRC-19846-2022 Deepak @ Fatehbahadur Vs. State of MP

possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that not only, the applicant is the

resident of Pratapgarh, U.P. but various cases of identical of nature

have been registered against him in Indore and U.P. as well as in the

Police Station City Kotwali Bhind.

In reply, it is submitted by the counsel for the State that the

applicant is ready and willing to abide by any stringent condition

which may be imposed by the Court including that of furnishing cash

surety.

Considering the facts and circumstances of the case, coupled

with the concessional statement of furnishing cash surety, but without

commenting on the merits of the case, the application is allowed. It is

directed that the applicant shall be released on bail on furnishing cash

surety of Rs.3,00,000/- (Rupees Three Lacs) or in the alternative on

depositing his original title-deed(s) [not Rin Pustika] of the

immovable property worth of more than the said amount, as directed

by the Supreme Court in the case of Sharo @ Shahrukh Vs. The

State of MP by order dated 06.09.2021 passed in SLP (Cri) No.

6321/2021 to the satisfaction of the Trial Court/Committal Court to

appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case

THE HIGH COURT OF MADHYA PRADESH MCRC-19846-2022 Deepak @ Fatehbahadur Vs. State of MP

of bail jump, it shall become ineffective.

It is made clear that single default in appearance before the Trial

Court, or in case of registration of new offence, this bail order shall

automatically come to an end and the cash surety so furnished by the

applicant shall automatically stand forfeited without any reference to

the Court. If the title deeds are deposited, then the same shall not be

returned unless the cash surety amount is deposited.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.04.22 15:59:39 +05'30'