Naushad Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 12745 MP

                                                      1
                           IN   THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                           ON THE 8 th OF AUGUST, 2023
                                      MISC. CRIMINAL CASE No. 28488 of 2023

                          BETWEEN:-
                          ARCHANA JAITWAR D/O SHRI YOGENDRA JAITWAR,
                          AGED ABOUT 24 YEARS, OCCUPATION : SOCIAL
                          SERVICE BY CASTE PAWAR R/O WARD NO.2 BUDHI
                          BALAGHAT POLICE STATION KOTWALI DISTRICT
                          BALAHGAT (MADHYA PRADESH)

                                                                           .....APPLICANT
                          (BY SHRI PRAKHAR NAVERIYA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION KOTWALI DISTRICT BALAGHAT (MADHYA
                          PRADESH)

                                                                         .....RESPONDENT
                          (BY MS. NALINI GURUNG - PANEL LAWYER)


                                      MISC. CRIMINAL CASE No. 23914 of 2023

                          BETWEEN:-
                          NAUSHAD ALI S/O SHRI MOHD. MEHTAB ALI, AGED
                          ABOUT 19 YEARS, OCCUPATION : LABOUR R/O J-7
                          CAMP-1, 18 NUMBER ROAD BHILAI VAISHALI NAGAR
                          DISTRICT DURG (CHHATTISGARH)

                                                                           .....APPLICANT
                          (BY SHRI SANJAY SHARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION KOTWALI DISTRICT BALAGHAT (MADHYA
                          PRADESH)

Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 8/8/2023
7:04:05 PM
                                                             2
                                                                                       .....RESPONDENT
                          (BY MS. NALINI GURUNG - PANEL LAWYER)


                                           MISC. CRIMINAL CASE No. 32236 of 2023

                          BETWEEN:-
                          KHUSHBOO KHAN W/O HUSSAIN RIZVI @ HASAN
                          KHAN, AGED ABOUT 22 YEARS, CASTE : MUSALMAN
                          R/O WARD NO.19 LORBHI BILASPUR, DISTRICT
                          BILASPUR (CHHATTISGARH)

                                                                                         .....APPLICANT
                          (BY SHRI SURENDRA SINGH - SENIOR ADVOCATE WITH SHRI SHIVAM
                          SINGH - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION KOTWALI DISTRICT BALAGHAT (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY MS. NALINI GURUNG - PANEL LAWYER)

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

These are the first applications filed by the applicants under Section 439 o f the Cr.P.C. for grant of regular bail relating to FIR No.154/2023, dated 16.04.2023, registered at Police Station-Kotwali, District-Balaghat (M.P.) for commission of offence under Sections 467, 468, 419, 420, 120-B, 34 of IPC. Applicant Archana Jaitwar in M.Cr.C. No.28488 of 2023 is in detention since 18.04.2023. Applicant Naushad Ali in M.Cr.C. No.23914 of 2023 is in detention since 21.04.2023. Applicant Khushboo Khan in M.Cr.C. No.32236 of 2023 is in detention since 27.06.2023.

2. A s per the prosecution story, all the applicants alongwith main

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 8/8/2023 7:04:05 PM

accused Hasan Khan @ Hussain Rizvi duped Minakshi and Omlata Bhairam in total Rs.4,90,000/- on the pretext of arranging a government job for them in Chhattisgarh Legislative Assembly. F.I.R. was registered. After investigation, charge-sheet has been filed.

3 . Learned counsel for the applicants have submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. It is submitted that main accused Hasan Khan @ Hussain Rizvi is absconding and he is the kingpin of the entire offence. It is submitted by learned counsel for applicant Khushboo Khan that Rs.1,30,000/- (Rs. One Lakh Thirty Thousand) are received in her bank account from the complainants. She was not aware about transfer of that much money in her bank account by the applicants as her bank account number was given to complainants by her husband who is absconding. It is submitted by learned counsel for the applicant Archana Jaitwar that as per the allegations, she has received Rs.1,00,000/- (Rs. One Lakh) in her bank account from complainant and she is ready to deposit the same before the trial Court. It is submitted by learned counsel for the applicant Naushad Ali that he is ready to deposit Rs.1,00,000/- (Rs. One Lakh) before the trial Court. After investigation, charge-sheet has been filed. The trial of the case will take considerable time. Therefore, it has been prayed that the applicants may be released on bail pending the trial.

4 . O n the other hand, learned counsel for the State has opposed the grant of bail to the applicants and has submitted that applicants Archana Jaitwar and Naushad Ali have criminal background of one-one case of same nature. She has fairly admitted that applicant Khushboo Khan has no criminal background, but her husband Hussain Rizvi the main accused in the case is absconding. Therefore, she has prayed for rejection of the bail applications. Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 8/8/2023 7:04:05 PM

5 . In this case, after investigation, charge-sheet has been filed. Trial of the case will take considerable time. Applicant Khushboo Khan is ready to deposit Rs.1,30,000/- (Rs. One Lakh Thirty Thousand); likewise applicants Archana Jaitwar and Naushad Ali; each of them are ready to deposit Rs.1,00,000/- (Rs. One-One Lakh) before trial Court. Therefore, having taken into consideration all the facts and circumstances of the case including the fact that trial of the case will take considerable time, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre- trial detention of the applicants is not warranted. Consequently, these bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stand allowed subject to condition that if applicant Khushboo deposits Rs.1,30,000/- (Rs. One Lakh Thirty Thousand) and applicants Naushad Ali and Archana Jaitwar deposit Rs.1,00,000/- (Rs. One Lakh) each, as Fixed Deposit of any Nationalized Bank before the trial Court or deposit the aforesaid amount in CCD of the Court.

6 . Subject to depositing of amount as directed, applicants - Archana Jaitwar, Naushad Ali and Khushboo Khan be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

7 . This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 8/8/2023 7:04:05 PM

ineffective.

8. Learned trial Court shall be at liberty to pass appropriate order in judgment about the disbursement of money so deposited in form of FD or in CCD before it.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE @shish

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 8/8/2023 7:04:05 PM