Citation : 2023 Latest Caselaw 12219 MP
Judgement Date : 1 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 1 st OF AUGUST, 2023
MISC. CRIMINAL CASE No. 30438 of 2023
BETWEEN:-
SANTOSH GUPTA S/O SHRI RAM CHANDRA GUPTA,
AGED ABOUT 28 YEARS, OCCUPATION: PRIVATE WORK
NEAR ADAGWADA NALA, TULSI SMARAK
DHARAMSHALA RAMGHTA CHITRAKOOT RAMNAGAR
STANA, PARMANENT ADDRESS WARD NO. 53, NEAR
FACTORY BENGALI PARA SANTOSHI NAGAR RAIPUR,
C.G. (CHHATTISGARH)
.....APPLICANT
(BY SHRI R. K. RAGHUVANSHI, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CRIME BRANCH DISTRICT- BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI D. P. PATEL, DY. GOVT. ADVOCATE )
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail to applicant relating to FIR/Crime No.91/2022, registered at Police Station-Crime Branch, Bhopal, District-Bhopal (MP) for the offence punishable under Sections 419 and 420 of IPC and Section 66(C) and 66(D) of I.T Act.
2. Learned counsel appearing for the applicant submitted that applicant is in jail since 1.6.2022. Investigation is complete and charge sheet has been filed. Signature Not Verified Signed by: MONSI M SIMON Signing time: 02-08-2023 14:01:50
Offence is triable by JMFC. It is submitted that applicant is ready to deposit an amount of Rs.40,000/- under protest. In these circumstances, applicant may be enlarged on bail.
3. Learned Government Advocate appearing for the State opposed the bail application. However, on being asked it is informed that applicant does not have any criminal antecedent and is firt time offender.
4. Heard learned counsel for the parties. 5 . Considering the aforesaid facts and circumstances of the case and considering the period of custody of applicant, bail application filed by the applicant is allowed on condition that applicant will deposit an amount of
Rs.40,000/- before the trial court. Said amount will be subject to final judgment to be passed by the trial court.
6. On depositing the aforesaid amount, applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.
7. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT) JUDGE mms
Signature Not Verified Signed by: MONSI M SIMON Signing time: 02-08-2023 14:01:50
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