Rajkrishna @ Raja Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 6490 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 21 st OF APRIL, 2023
                                         MISC. CRIMINAL CASE No. 12572 of 2023

                          BETWEEN:-
                          RAJKRISHNA @ RAJA MISHRA S/O SHRI RAMKRIPAL
                          MISHRA, AGED ABOUT 40 YEARS, OCCUPATION:
                          BUSINESS, R/O VILLAGE CHANDUAR, POLICE STATION
                          JIYAWAN, DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI SIDDHARTH DATT - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION JIYAWAN, DISTRICT SINGRAULI (MADHYA
                          PRADESH).

                                                                                        .....RESPONDENT
                          (BY SHRI DINESH PRASAD PATEL - DEPUTY GOVERNMENT ADVOCATE)

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

This is first application under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.584/2022 registered at Police Station Jiyawan, Distrtict Singrauli (M.P.) for the offence under Sections 420, 467, 468, 471, 201, 120-B and 403 of Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.

2. Learned counsel appearing for the applicant submitted that as per the allegations made in the prosecution story, an amount of Rs.1,30,000/- was credited in account of applicant and applicant is said to have withdrawn said Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/21/2023 6:42:21 PM

amount. It is submitted that applicant is nowhere connected with the crime which has been committed by other co-accused persons and they have defrauded a huge amount of government money. Only allegation against the applicant is in respect of withdrawal of amount of Rs.1,30,000/-. The applicant is ready to deposit said amount under protest regarding which there is allegation of withdrawal.

3. It is further submitted by learned counsel for the applicant that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 26.02.2023. It is further submitted that applicant will cooperate in trial and will not influence the witnesses or tamper with the evidence of the case. On

these grounds, he prayed that applicant may be enlarged on bail.

4. Learned Government Advocate appearing for the State opposed the application for grant of bail.

5. Heard the counsel for the parties.

6. Considering the facts and circumstances of the case and the fact that completion of trial is likely to take some time, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed on following directions:-

(i) The applicant will deposit an amount of Rs.1,30,000/- before the C.J.M. concerned.

(ii) Said amount be kept in FDR with a nationalized bank by CJM.

(iii) Said amount will be subject to final judgment which will be passed by the trial Court and trial Court will pass the order of disposal of FDR in accordance with judgment which may be passed in the case.

7. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/21/2023 6:42:21 PM

like amount to the satisfaction of the trial Court.

8. The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE @shish

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/21/2023 6:42:21 PM