Pappu Vishwakarma vs The State Of Madhya Pradesh
2022 Latest Caselaw 8012 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                                 BEFORE
                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                          ON THE 17th OF JUNE, 2022

                 MISC. CRIMINAL CASE No. 25982 of 2022

        Between:-
        PAPPU    VISHWAKARMA    S/O   GANESH
        VISHWAKARMA , AGED ABOUT 34 YEARS,
        OCCUPATION:    LABOUR  R/O    VILLAGE
        BEERKHAM, P. CHOUKI SHAHPUR P.S.
        SEMARIYA, DISTRICT REWA M.P. (MADHYA
        PRADESH)

                                                                .....PETITIONER
        (BY MR. RAMAKANT PATEL, ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        P.S. SEMARIYA DISTRICT REWA M.P. DISTRICT
        REWA (M.P.) (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY MR. K.S.BAGHEL, GOVT. ADVOCATE)

      This application has come up for hearing on this day. The court passed
the following:
                                   ORDER

This is first bail application filed under Section 439 of Cr.P.C. on behalf o f applicant, who is in jail since 09.05.2022 in connection with Crime No.62/2021, registered at Police Station-Semariya, District - Rewa (M.P.), for the offences punishable under Sections 409 of IPC.

Counsel appearing for applicant submitted that the applicant is innocent and has been falsely implicated. It is submitted that as per the prosecution story, applicant had taken thumb impression of complainant and withdrawn

Rs.20,000/- from her account but said amount has not been given to her. It is submitted that money cannot be withdrawn from spot and, therefore, when complainant went, he had withdrawn the amount and had not given the same to complainant. It is submitted that applicant is ready to deposit Rs.20,000/- under protest.On these grounds, prayer is made to enlarge applicant on bail.

Govt. Advocate appearing for State opposed the application for grant of bail. It is submitted that there are direct allegations against the applicant. Considering the act of applicant, who was acting on a responsible post at a KIOSK, he may not be granted bail. In these circumstances, it is prayed that bail application may be rejected.

Heard learned counsel for parties.

Considering the fact that applicant is ready to deposit the amount in question under protest and investigation is complete and charge-sheet has been filed, bail application filed by applicant is allowed. It is directed that the applicant - Pappu Vishwakarma 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.20,000/- (Rs. Twenty Thousand Only) under protest before the trial Court.

Amount, which will be deposited by the applicant, shall 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 NEETI TIWARI 2022.06.17 17:28:27 +05'30'

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