Ved Prakash vs The State Of Madhya Pradesh
2022 Latest Caselaw 7152 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 11th OF MAY, 2022

                 MISC. CRIMINAL CASE No. 20187 of 2022

         Between:-
         VED PRAKASH S/O SHRI SHIVNARAYAN
         SHARMA, AGE 30 YEARS, BY CASTE : SHARMA
         BRAHAMAN, OCCUPATION: PERSUING L.L.B.,
         RESIDENT OF VILLAGE LANGDIYA, MORENA
         (MADHYA PRADESH)

                                                                .....APPLICANT
         (BY SHRI V.P.S. TOMAR - ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION AMBAH DISTRICT MORENA
         (MADHYA PRADESH)

                                                            .....RESPONDENT
         (BY SHRI A.K. NIRANKARI - PUBLIC PROSECUTOR FOR THE
         STATE)

       This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 9.2.2022 in connection with Crime No.712/2017 registered by Police Station Ambah, District Morena for offence punishable under Sections 420, 467, 468, 471, 506, 34 of IPC.

According to the prosecution case, the applicant and co-accused persons had defrauded various innocent boys in the name of their recruitment in

the Army and collected Rupees One Crore Twenty Four Lacs from 31 aspirants. It is submitted that the applicant was not aware of the fact that a criminal case has been registered against him. The other co-accused persons have already been acquitted.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted that in the light of the judgment passed by the Supreme Court in the case of A.T. Maydeen and another vs. The Assistant Commissioner, Customs Department decided on 29.10.2021 in Criminal Appeal No.1306/2021, the evidence led in the case of co-accused cannot be read in favour of the applicant.

Considering the fact that the applicant was absconding for last five years and could be arrested only on 9.2.2022, no case is made out for grant of bail.

The application fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.05.11 15:10:43 +05'30'