Jhadu @ Vijaysingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 4539 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-16015-2022 Jhadu @ Vijay Singh Vs. State of MP

Gwalior, Dated: 30.03.2022

Shri Ravi Dwivedi, Counsel for the applicant.

Shri A.K. Nirankari, Counsel for the State.

Case Diary is not available.

This second application under Section 439 of CrPC has been

filed for grant of bail.

The applicant has been arrested on 28.12.2021 in connection

with Crime No.112/2021 registered at Police Station Aswar, Tahsil

Lahar Distt. Bhind for offence under Sections 420, 467, 468, 471,

120-B of IPC.

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

application was dismissed by a detailed order dated 27.01.2022

passed in M.Cr.C. No.4215/2022, therefore, this application may be

considered and decided in the light of the facts mentioned in the said

order. It is submitted that according to the prosecution case, the

complainant was interested in getting married and accordingly, the

applicant and the co-accused Prathvi introduced him with a girl

namely Poonam and charged Rs.45,000/-. After the marriage of the

complainant took place with the said girl, husband of the girl came

forward and claimed that the correct name of so called girl is

Shamina Begam and she is already married. It is submitted that the

applicant is ready and willing to deposit an amount of Rs.50,000/-

THE HIGH COURT OF MADHYA PRADESH MCRC-16015-2022 Jhadu @ Vijay Singh Vs. State of MP

without any prejudice to his defence. He is already in jail for the last

three months. 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.

In the light of the allegations made against the applicant as

well as considering the period of detention, coupled with the

concessional statement made by the counsel for the applicant, the

application is allowed. It is directed that the applicant be released on

bail on depositing an amount of Rs.50,000/- 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.

It is directed that the amount of Rs.45,000/- shall be released in

favour of the complainant on his furnishing a solvent surety to the

satisfaction of the concerning Court. The complainant shall also

furnish an undertaking that in case, if the applicant is acquitted, then

he shall refund the amount immediately.

THE HIGH COURT OF MADHYA PRADESH MCRC-16015-2022 Jhadu @ Vijay Singh Vs. State of MP

The deposit of amount of Rs.50,000/- shall be a condition

precedent to release the applicant on bail.

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.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.03.31 18:48:04 +05'30'