Madhya Pradesh High Court
Abhinav Kumar @ Gulshan vs The State Of Madhya Pradesh on 27 June, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 27th OF JUNE, 2022
MISCELLANEOUS CRIMINAL CASE NO. 28716 of 2022
Between:-
ABHINAV KUMAR @ GULSHAN S/O
RAJESH KUMAR, AGE 2½ YEARS,
R/O SHIKOHABAD, DISTRICT
FIROZABAD (UTTAR PRADESH)
........APPLICANT
(BY SHRI ABHISHEK PARASHAR - ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH POLICE STATION
CRIME BRANCH, DISTRICT
GWALIOR (MADHYA PRADESH)
........RESPONDENT
(BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR)
----------------------------------------------------------------------------------------
This application coming on for hearing this day, the Court passed
the following:
ORDER
Case diary is available.
This third application under Section 439 of Cr.P.C. has been filed
for grant of bail. Second application of the applicant was dismissed as
withdrawn by order dated 24.03.2022 passed in M.Cr.C. No.13853/2022
after arguing the matter at length.
The applicant has been arrested on 15.12.2021 in connection with
Crime No.117/2021 registered at Police Station Crime Branch District
Gwalior for offence under Sections 419, 420, 467, 468, 471 of IPC.
It is submitted by the counsel for the applicant that according to
the prosecution case, police received an information that some miscreants
are preparing forged Aadhar Card and PAN card and with the help of
forged companies, its bank accounts and forged sims, they are involved
in online cheating. The applicant was arrested on the spot. 55 ATM cards,
7 mobile phones (6 keypad and 1 android) were seized from the
possession of the applicant. It is submitted that the applicant is in jail
from 15.12.2021. In view of the allegations, he is ready and willing to
furnish cash surety of rupees five lacs also. The trial is likely to take
sufficiently long time and there is no 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 the applicant is the resident of Firozabad
(U.P.) and in case, if he is released on bail, then there is every possibility
that he may not appear before the Trial Court. However, it is submitted
that as per the police case diary, the applicant has no criminal history in
any police station of District Gwalior. However, it is submitted that it is
not known as to whether the applicant has a criminal history in any other
State or Police Station or not.
Considering the period of detention as well as considering the
concessional statement made by the counsel for the applicant that the
applicant is ready and willing to furnish cash surety of Rs.5,00,000/-, this
Court is of thee considered opinion that the bail can be considered
sympathetically. Accordingly, 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.5,00,000/- (Rupees
Five Lacs) 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 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.
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
2022.06.28
20:10:46 +05'30'
