Nitin vs The State Of Madhya Pradesh
2022 Latest Caselaw 15029 MP

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                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                 BEFORE
                                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                       ON THE 16th OF NOVEMBER, 2022

                                            MCRC-52925-2022

                           BETWEEN:-
                           AJAY KUMAR S/O SHRI BHANU PRATAP, AGED
                           ABOUT    24   YEARS, OCCUPATION: SELF
                           EMPLOYED VILLAGE BHUDA SECTOR 81 P.S.
                           PHASE 1 GAUTAM BUDDH NAGAR NOIDA,
                           (UTTAR PRADESH)

                                                                          .....APPLICANT
                           (BY SHRI SHAILENDRA DWIVEDI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION CRIME BRANCH BHOPAL
                           (MADHYA PRADESH)

                                                                        .....RESPONDENT
                           (BY SHRI C.S. PARMAR - GOVT. ADVOCATE)

                                 MISC. CRIMINAL CASE No. 52925 of 2022

                           BETWEEN:-
                           NITIN S/O SHRI VIJAY BABU, AGED ABOUT 20
                           YEARS, OCCUPATION: LABOUR GRAM BHOODA
                           SECTOR 81 CHOUKI SALARPUR POLICE THANA
                           GOUTAMBUDDH NAGAR NOIDA (UTTAR
                           PRADESH)

                                                                          .....APPLICANT
                           (BY SHRI ARUN KUSHWAH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH
                           POLICE THANA CRIME BRANCH BHOPAL
                           (MADHYA PRADESH)

                                                                        .....RESPONDENT
                           (BY SHRI C.S. PARMAR - GOVT. ADVOCATE)
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 11/17/2022
10:35:46 AM
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                                 These applications coming on for hearing this day, the court passed the
                           following:
                                                              ORDER

These are first bail applications filed under Section 439 Cr.P.C. on behalf of applicants in connection with Crime No.120/2022, registered at Police Station Crime Branch Bhopal, District Bhopal (M.P.), for the offences punishable under Sections 419, 420 and 120-B of IPC and under Section 66-D of I.T. Act.

Learned counsel appearing for applicant Ajay Kumar submitted that applicant is innocent and falsely been implicated in the case. Only allegation

against the applicant Ajay Kumar is that he had helped Nitin in opening the account. There is no other role of applicant Ajay Kumar, therefore, he be released on bail.

Counsel appearing for applicant Nitin submitted that applicant is innocent and falsely been implicated in the case. His phone has been used for committing the crime. Counsel appearing for applicant Nitin submitted that offence is punishable up to seven years of imprisonment. Applicant Nitin is ready to deposit an amount of Rs.3,00,000/- under protest before the trial Court.

Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail.

Heard the counsel for the parties.

Considering the fact that offences are punishable with seven years of imprisonment and applicant Nitin is ready to deposit the defalcated amount under protest before the trial Court, therefore, bail applications filed by the applicants are allowed on condition that applicant - Nitin will furnish FDR of

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 11/17/2022 10:35:46 AM

an amount of Rs.3,00,000/- (Rupees Three Lac only) before the trial Court under protest. The amount deposited by the applicant Nitin shall be subject to final judgment, which will be passed by trial Court.

It is directed that applicants shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one local solvent surety each in the like amount to the satisfaction of the trial court.

The applicants shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.

(VISHAL DHAGAT) JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 11/17/2022 10:35:46 AM