Ramendra Singh @ Rahul Singh vs The New India Assurance
2023 Latest Caselaw 14027 MP

                                  1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                             BEFORE
               HON'BLE SHRI JUSTICE VISHAL DHAGAT
                     ON THE 25 th OF AUGUST, 2023
                MISC. CRIMINAL CASE No. 31393 of 2023

BETWEEN:-
RAMENDRA SINGH @ RAHUL SINGH S/O SHRI
JAYVARAN SINGH CHOUHAN OCCUPATION: BUSINESS
R/O F-2 BDA COLONY A SECTOR NEAR SILVER LINE
APARTMENT KOHEFIZA BHOPAL (MADHYA PRADESH).

                                                                .....APPLICANT
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI N.P. VERMA -
ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION INTKHEDI, DISTRICT BHOPAL (MADHYA
PRADESH).

                                                             .....RESPONDENT
(BY SHRI PRAMOD CHOUBEY - 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. 285/2023 registered at Police Station Intkhedi, District Bhopal (M.P.) for the offence under Sections 420, 467, 468 and 506 of Indian Penal Code.

2. Learned Senior Counsel appearing for applicant submitted that applicant has bonafidely returned an amount of Rs. 12,87,150/-. Total allegations made against applicant is to the tune of Rs. 15 lacs. He is ready to deposit rest of the amount. 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 complainant in the case is one Ashish Jain.

4. Heard the counsel for the parties.

5 . On going through documents placed on record, it is found that between 23.01.2022 to 24.03.2023, an amount of Rs. 12,87,150/- has been deposited in accounts of Sachin Jain, Ashish Jain and Ativeer Reality Infra.

6 . Considering 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. 2,13,000/- (Rs. Two Lacs Thirteen Thousand only) before the trial Court/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 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.

9. C.C. as per rules.

(VISHAL DHAGAT) JUDGE vkt

VINOD Digitally signed by VINOD KUMAR TIWARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh,

KUMAR 2.5.4.20=502f56362111056e3584ca82279e5efd81 6766cb7c5a1f490a5ca63b1116883f, pseudonym=064375E039EECAAF492B2C2C6060 76E420E163D2,

TIWARI serialNumber=121D0E9F65C983AD56493378702 622477111B5016F24D35FA8A76C2CA46685EE, cn=VINOD KUMAR TIWARI Date: 2023.08.25 17:29:15 +05'30'