Satanam Raut vs The State Of Madhya Pradesh
2023 Latest Caselaw 13198 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 14 th OF AUGUST, 2023
                                         MISC. CRIMINAL CASE No. 34242 of 2023

                           BETWEEN:-
                           1.    SATANAM RAUT S/O SAHABADIN, AGED ABOUT
                                 34 YEARS, R/O DEMA THANA MILKIPUR DITT.
                                 FEJAVAD (UTTAR PRADESH)

                           2.    AJAY CHOHAN S/O SHRI OMVEER SINGH, AGED
                                 ABOUT 30 YEARS, R/O MENPURY THANA GIROR
                                 DISTRICT MENPURY U.P. HAL UMAR GOW
                                 KRISHNANAGAR THANA UMARGOW DISTRICT
                                 BALSAD GUJRAT (GUJARAT)

                           3.    AJIT SINGH S/O SHRI RADHESAYAM, AGED
                                 ABOUT     35   YEARS, R/O KATAI  THANA
                                 MOHANNAGAR DISTRICT AJAMGAD U.P. HAL
                                 KADODARA JOLAVA GORDON CITY 02 KAMARA
                                 YA- 192 THANA GANGADHAR DISTRICT SURAT
                                 (GUJARAT)

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

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOLGAWAN NAGAR DISTRICT SATNA
                           (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI A. NAMDEO - GOVT. 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 by applicants for grant of regular bail relating to FIR No.564/2023 Signature Not Verified Signed by: NEETI TIWARI Signing time: 14-08-2023 17:58:22

registered at Police Station Kolgawa, Distrtict Satna (M.P.) for the offence under Sections 420, 34 of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that applicants are innocent and have falsely been implicated in the case. In FIR, it is mentioned that two persons have committed cheating with complainant. Two persons have been identified as Chandrakant and Israil. On their memorandum, applicants were made accused in the case. In these circumstances, applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that seizure of Rs.1,15,000/- is made

from the applicants at their instance, therefore, it cannot be said that only evidence, which is available against applicant, is memorandum of co-accused persons, therefore, bail application may be dismissed.

4. Heard the counsel for the parties.

5. During course of hearing, counsel appearing for applicants submitted that applicants are ready to deposit the amount, for which they are liable, i.e. Rs.42,000/- (Rupees Forty Thousand Only).

6. Considering aforesaid circumstances of the case, bail application filed by the applicant is allowed on following directions:-

(i) Each applicant will deposit an amount of Rs.42,000/- (Rupees Forty Two thousand) before the trial court.

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

(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.

Signature Not Verified Signed by: NEETI TIWARI Signing time: 14-08-2023 17:58:22

7. On deposit of aforesaid amount, applicants-Satanam Raut, Ajay Chohan, Ajit Singh be released on bail on their furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court.

8. Applicants shall abide by the conditions stipulated in Section 437 (3) of Cr. P. C.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 14-08-2023 17:58:22