Rakesh Bateliy A vs The State Of Madhya Pradesh
2022 Latest Caselaw 8020 MP

                                                         1
                                  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. 24594 of 2022

                              Between:-
                              RAKESH    BATELIYA  S/O  GAISABAD     @
                              JAISABAD,   AGED   ABOUT    58    YEARS,
                              OCCUPATION: LABOURER, R/O GANDHI GRAM
                              PANNA, THANA KOTWALI, PANNA, DIST. PANNA
                              (MADHYA PRADESH)

                                                                                        .....APPLICANT
                              (BY SHRI ABDUL BASEEM, ADVOCATE)

                              AND

                              THE STATE OF MADHYA PRADESH THROUGH
                              THANA KOTWALI, PANNA, DIST. PANNA
                              (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                              (BY SHRI KAMAL SINGH BAGHEL, GOVERNMENT ADVOCATE)

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

This is first bail application under Section 439 of Cr.P.C. for grant of bail

to applicant. Applicant has been arrested on 23.04.2022 in connection with Crime No.224/2020 registered at Police Station Kotwali, District Panna (M.P.), for commission of offence punishable under Sections 420 read with Section 34 of Indian Penal Code.

Learned counsel appearing for applicant submitted that applicant has

Signature SAN Not falsely been implicated in the case for commission of offence punishable under Verified

Digitally signed by Section 420 read with Section 34 of IPC. As per prosecution story, SUNIL KUMAR PATEL Date: 2022.06.17 19:07:03 IST

complainant has given Rs.1,00,500/- to the applicant for purchasing of Bolero vehicle. Applicant took the money and away thereafter he never returned. Over said incidence offence has been registered. It is submitted that applicant has not committed cheating with the complainant. Investigation is complete in the case and charge-sheet has already been filed. Counsel for applicant submitted that applicant is ready to deposit Rs.1,00,500/- under protest before the trial Court. It is submitted that applicant is in jail since 23.04.2022. On these grounds, counsel for applicant prayed that applicant may be enlarged on regular bail.

Government Advocate appearing for State opposed the prayer for grant of bail.

Heard the counsel for the parties.

Considering the fact that applicant is ready to deposit the amount of Rs.1,00,500/- under protest to show his bonafide and also considering the fact that completion of trial is likely to take some more time, bail application filed by applicant is a llo we d on condition that he will deposit the amount of Rs.1,00,500/- before the trial Court in the form of fixed deposit, which will be disbursed subject to final judgment taken in the case.

I t is directed that on depositing the amount of Rs.1,00,500/- in the concerned Court, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local solvent surety of the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

Signature
 SAN      Not
Verified                     The aforesaid amount is directed to be kept in the form of Fixed Deposit
Digitally signed by
SUNIL KUMAR
PATEL

which will be disbursed subject to final outcome of the trial. Date: 2022.06.17 19:07:03 IST

Certified Copy as per rules.

(VISHAL DHAGAT) JUDGE sp/-

Signature
 SAN      Not
Verified

Digitally signed by
SUNIL KUMAR
PATEL
Date: 2022.06.17
19:07:03 IST