Dr. Rahul Singh @ Setu Kumar @ ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 3237 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                              ON THE 22 nd OF FEBRUARY, 2023
                                         MISC. CRIMINAL CASE No. 45159 of 2022

                          BETWEEN:-
                          DR. RAHUL SINGH @ SETU KUMAR @ SETURAJ SINGH
                          @ SETURAM S/O SHRI SHAILENDAR SINGH, AGED 32
                          YEARS, R/O CHOUDHARI TOLA, JAGANANTH SEN,
                          SULTANGANJ, PATNA BIHAR.

                                                                                            .....APPLICANT
                          (BY SHRI SHREYASH DUBEY - ADVOCATE)

                          AND
                          STATE OF MADHYA PRADESH THROUGH SPECIAL
                          TASK FORCE, DISTRICT BHOPAL (MADHYA PRADESH).

                                                                                         .....RESPONDENT
                          (BY SHRI PRAMOD THAKRE - GOVERNMENT ADVOCATE)

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

This is first bail application filed under Section 439 of Cr.P.C. on behalf

of applicant, who is in jail since 24.02.2022 in connection with Crime No.08/2022, registered at Police Station S.T.F., District Bhopal (M.P.) for the offence punishable under Sections 419, 420, 467, 468, 471 and 120-B of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that as per allegations made by prosecution, applicant alongwith other co-accused persons has taken an amount of Rs. 27 lacs and cheated the complainant to get him

Signature Not Verified admitted in medical college. It is submitted that applicant is innocent and falsely Signed by: VINOD KUMAR TIWARI Signing time: 2/23/2023 1:04:35 PM

being implicated in case. He is ready to deposit his share of money, which comes to about Rs. 6.75 lacs. Applicant is in jail since 24.02.2022. Investigation is completed and charge-sheet has been filed. In these circumstances, applicant be released on bail.

3. Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant is habitual offender and working alongwith co-accused persons as a gang and cheating innocent persons and their money. If applicant is released on bail, he may indulge himself in similar activities. In these circumstances, applicant may not be granted bail.

4. Heard the counsel for the parties.

5. Considering the fact that investigation is completed, charge-sheet has been filed, applicant is in jail since 24.02.2022 and he is also making a prayer to deposit an amount of Rs. 6.75 lacs under protest before the trial Court, bail application filed by applicant is allowed on following conditions :

(i) applicant shall deposit the amount of Rs. 6,75,000/- before the trial Court, which will be kept in FDR and said amount shall be subject to final judgment and order of disposal of property by the trial Court.

(ii) applicant will appear and mark his presence before S.T.F. Bhopal, District Bhopal on 1 st of every month till completion of trial.

(iii) If applicant is found involved in any similar offence in future, then prosecution is at liberty to file an application before trial Court for cancellation of bail and trial Court is at liberty to consider the application on its merits.

6. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lacs

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 2/23/2023 1:04:35 PM

Only) with two solvent sureties in the like amount to the satisfaction of the trial court for his appearance before the trial Court on the dates fixed by that Court as and when directed.

7. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.

8. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE vkt

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 2/23/2023 1:04:35 PM