Sanju vs The State Of Madhya Pradesh
2022 Latest Caselaw 3341 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 12191/2022
             (SANJU Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 09/03/2022

      Shri Ravi Dwivedi, Counsel for applicant.

      Smt. Anjali Gyanani, Counsel for State.

      Case diary is available.

      This is second application filed under Section 439 of Cr.P.C. for

grant of bail. The first application was dismissed by order dated

01.02.2022 passed in M.Cr.C No.1753/2022 as withdrawn.

      The applicant has been arrested on 26/12/2021 in connection

with Crime No.227/2018 registered at Police Station Indarganj, Distt.

Gwalior for offence under Section 420 of IPC.

      It is submitted by Counsel for the applicant that the first bail

application was withdrawn at the outset without arguing the matter on

merits. According to the prosecution case, the complainant withdrew

an amount of Rs.1,00,000/-. He was stopped by the applicant and

another accused Satish Kushwah and offered that in lieu of

Rs.50,000/-, they are ready to give small currency notes of

Rs.1,00,000/-. The complainant fell in their trap, and accordingly,

gave a bundle of Rs. 50,000/- and in lieu thereof, the applicant and co-

accused also gave a bundle of notes wrapped in a handkerchief and

one currency note of Rs.500/- was visible at the top. The complainant

came back to the house of his cousin brother and when he opened the

handkerchief, then he found that the bundle was carrying the blank
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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 12191/2022
             (SANJU Vs THE STATE OF MADHYA PRADESH)



papers of the size of currency notes, and accordingly, it was alleged

that applicant and co-accused have defrauded him and have

misappropriated an amount of Rs.50,000/-. It is submitted that

although the names of the accused persons were mentioned in the FIR,

but still the TIP was conducted and in the said TIP the applicant was

not identified. Thus, even the identity of applicant is in doubt. Even

otherwise, the allegations on their face value clearly indicates that

even the complainant himself had acted with an dishonest intention.

The applicant is in jail from 26.12.2021. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with prosecution case.

      Per contra, the application is vehemently opposed by the

Counsel for the respondent/State. However, it is submitted that the

applicant was not identified in the TIP and applicant has no criminal

history.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and without

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

directed that the applicant be released on bail on furnishing a personal

bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) 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

THE HIGH COURT OF MADHYA PRADESH MCRC No. 12191/2022 (SANJU Vs THE STATE OF MADHYA PRADESH)

by the concerned Court.

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

case of bail jump, it shall become ineffective.

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

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.03.09 17:57:06 +05'30'