Citation : 2022 Latest Caselaw 13582 MP
Judgement Date : 14 October, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 14th OF OCTOBER, 2022
MISC. CRIMINAL CASE No. 45152 of 2022
BETWEEN:-
DEEPAK SINGH KHANGAR S/O LATE SHRI
BADLU KHANGAR, AGED ABOUT 32 YEARS,
OCCUPATION: LABOUR R/O BAKARGANJ, PS
KOTWALI, DISTRICT FATEHPUR (UTTAR
PRADESH)
.....APPLICANT
(BY SHRI M.K. MISHRA - ADVOCATE)
AND
THE STATE OF M.P. THROUGH POLICE STATION
GOYRA DISTRICT CHHATARPUR (M.P.)
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SUDEEP CHATTERJEE - GOVERNMENT ADVOCATE)
This application has come up for hearing on this day, the court passed
the following:
ORDER
This i s fi rst application under Section 439 of the Code of Criminal
Procedure on behalf of the applicant.
Applicant is in jail since 18.08.2022 in connection with Crime No.47/2022 registered at Police Station-Goyra, District-Chhatarpur (MP) fo r the offence under Sections 420, 467, 468 of the Indian Panel Code.
Learned counsel appearing for applicant submitted that applicant is innocent and has falsely been implicated in the case. He is in jail since 18.08.2022. As per prosecution story, applicant is said to have obtained
Signature Not Verified Signed by: SHABANA ANSARI Signing time: 10/14/2022 5:40:09 PM
Rs.24,000/- by giving false token to driver of vehicle which was used for obtaining sand. Applicant is ready to deposit Rs.24,000/- under protest before trial Court. On aforesaid grounds, counsel for applicant prays for grant of bail to the applicant.
Learned Government Advocate appearing for State opposed the bail application.
Heard the counsel for the parties.
Considering the aforesaid facts and circumstances of the case and the custody period of applicant and also considering the proposal of applicant to deposit Rs.24,000/- under protest before trial Court, without commenting on
the merits of the case, bail application stands allowed.
It is directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court on condition of depositing of Rs.24,000/- before the trial Court under protest.
Amount which will be deposited by the applicant shall be kept in FDR and same will be subject to final judgment passed by the trial Court.
In addition to aforesaid condition, the applicant shall abide by the conditions enumerated under Section 437(3) of Cr. P. C.
C.C as per rules.
(VISHAL DHAGAT) JUDGE shabana
Signature Not Verified Signed by: SHABANA ANSARI Signing time: 10/14/2022 5:40:09 PM
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