Madhya Pradesh High Court
Vikash Singh Rajpoot vs The State Of Madhya Pradesh on 3 March, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.10082/2022
(VIKAS SINGH RAJPOOT VS. STATE OF M.P.)
Gwalior, Dated : 03/03/2022
Shri Anshu Gupta, learned counsel for the applicant.
Shri A.K.Nirankari, learned counsel for the State.
Case diary is available.
This third repeat application under Section 439 of Cr.P.C. has
been filed for grant of bail. Second bail application of the applicant
was dismissed by order dated 14/01/2022 passed in MCRC
No.1545/2022.
The applicant has been arrested on 10/10/2021 in connection
with Crime No.406/2021 registered at Police Station Chachoda,
District Guna for offence under Sections 420, 467, 468 and 471 of
IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, the applicant and co-accused person
persuaded the innocent unemployed people on the pretext that they
have got a contract of replacing the electric meters and therefore,
they can grant of employment. On the said pretext they compelled the
unemployed persons to deposit certain amount. It is alleged that
thereafter, the forged appointment orders were also issued. It is
submitted by the counsel for the applicant that according to the
prosecution case, one Munna Singh had alleged that he had paid
Rs.10,000/- to the applicant but he has not supported the prosecution
THE HIGH COURT OF MADHYA PRADESH
MCRC No.10082/2022
(VIKAS SINGH RAJPOOT VS. STATE OF M.P.)
case and has turned hostile qua the applicant. It is further submitted
that in all Rs.80,000/- were allegedly collected from the unemployed
persons and in order to show his bona fides, he is ready and willing
to deposit some of the amount so collected from innocent persons.
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 in all Rs.80,000/- were
collected from the innocent persons.
Considering the allegations as well as period of detention, this
Court is of the considered opinion that the applicant can be granted
bail only on stringent condition. Accordingly, it is directed that he
shall be released on bail, in case, if the applicant deposits an
amount of Rs.20,000/- without any prejudice to his defence and on
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One
Lac) with one surety in the like amount 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.
The deposit of an amount of Rs.20,000/- shall be condition
precedent for release of the applicant. However, it is made clear
THE HIGH COURT OF MADHYA PRADESH
MCRC No.10082/2022
(VIKAS SINGH RAJPOOT VS. STATE OF M.P.)
that the said amount shall be kept in any nationalized bank in
FDR and it shall be disbursed as per outcome to the trial.
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.
With aforesaid observation, the application is allowed.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.03.03
15:54:56 -08'00'
