Manjeet Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7524 MP

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                 BEFORE
              HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                             ON THE 26th OF MAY, 2022

                 MISC. CRIMINAL CASE No. 24984 of 2022

           Between:-
           MANJEET SINGH S/O SHRI MAHENDRA SINGH
           RAJPUT, AGED 41 YEARS, OCCUPATION :
           PRIVATE JOB, R/O HOUSE NO. 20, VINAY
           NAGAR, SECTOR 3, URWAI GATE, GWALIOR
           (MADHYA PRADESH)

                                                                  .....APPLICANT
           (BY SHRI D.P. SINGH - ADVOCATE )

           AND

           STATE OF MADHYA PRADESH THROUGH
           POLICE STATION UNIVERSITY, DISTRICT
           GWALIOR (MADHYA PRADESH)

                                                                .....RESPONDENT
           (SHRI LOKENDRA SHRIVASTAVA - ADVOCATE FOR STATE AND
           SHRI DEEPAK SINGH PARMAR - ADVOCATE FOR
           COMPLAINANT)

       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 26.04.2022 in connection with Crime No.139/2021 registered at Police Station University District Gwalior for offence under Sections 420, 467, 468, 471 of IPC.

According to the prosecution case, the applicant had cheated the complainant in the name of providing a government job and also handed over a

forged joining letter and in lieu of that, he is alleged to have collected Rs.5,94,000/- from the complainant.

It is submitted by the counsel for the applicant that the applicant has passed MBA and even the complainant is an educated person and he must be aware of the fact that there is a procedure for procurement of government job and if he tried to adopt a short cut method, then he is also equally responsible. It is further submitted that in order to show his bonafide, he is ready and willing to deposite an amount of Rs.6,00,000/- without any prejudice his defence. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case and the applicant is in jail for the last one month.

Per contra, the application is vehemently opposed by the counsel for the State as well as counsel for the complainant.

Considering the allegations made against the applicant as well as the fact that whether the complainant can be kept in the category of accomplice or not, is yet to be decided by the Trial Court and in the light of concessional statement made by the counsel for the applicant, this application is allowed and the applicant be released on bail subject to deposit an amount of Rs.6,00,000/- without prejudice to his defence which shall be kept in the form of FDR in any nationalized bank 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.

It is made clear that the FDR shall be renewed till the conclusion of the Trial and if the applicant is acquitted, then the entire amount shall be refunded back to the applicant and in case, if he is convicted, then the said entire amount (principal + interest) shall be paid to the complainant.

This order shall remain effective till the end of 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 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) V. JUDGE Abhi ABHISHEK CHATURVEDI 2022.05.26 17:06:27 +05'30'