Ashu Kumar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3239 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. 4608 of 2023

BETWEEN:-
ASHU KUMAR SINGH S/O SHRI PRABHAKAR KUMAR
SINGH, AGED ABOUT 28 YEARS, OCCUPATION:
BUSINESS R/O 10, PANDEY BOYS HOSTEL KOTRA,
SULTANABAD BHOPAL DISTRICT BHOPAL (MADHYA
PRADESH)

                                                                 .....APPLICANT
(BY SHRI MANISH DATT, SR. ADVOCATE WITH SHRI PAWAN GUJAR,
ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CRIME BRANCH BHOPAL DISTRICT BHOPAL
(MADHYA PRADESH)

                                                            .....RESPONDENTS
(BY SHRI PRAMOD THAKRE, GOVT. ADVOCATE)

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

1. This is second bail application filed under Section 439 CrPC on behalf of applicant in connection with Crime No.85/2022, registered at Police Station Crime Branch, Bhopal, District Bhopal (M.P.), for the offences punishable under Sections 420, 467, 468, 471, 472, 474 & 120-B of IPC. First bail application filed by the applicant was dismissed as withdrawn.

2. Learned counsel for the applicant submitted that as per prosecution story, statements of as many as 11 witnesses have been recorded and they have

stated that they had given an amount of Rs.16 Lacs to the present applicant. In prosecution story, there is also allegation that there was transaction of Rs.53 Lacs in the account and there is also allegation of Rs.16-17 Lacs against applicant. It is submitted that as per said allegation, applicant may or may not have committed cheating or forgery in respect of an amount of Rs.85 Lacs. Prosecution evidence, which is available in case diary, does not reflect that allegation against applicant is in respect of Rs.1.30 Crores. It is submitted that applicant is in jail since 21.05.2022. Investigation in the case is complete, charge-sheet has already been filed. Applicant is ready to cooperate in trial and he will not involve himself in any other offence in future. He is also ready to

deposit some amount to show his bona-fide. Applicant is ready to deposit Rs.45 Lacs under protest before trial Court. In these circumstances, prayer is made to grant bail to the applicant.

3. Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail and submitted that looking to the magnitude of offence and money involved in the case, applicant may not be enlarged on bail.

4. Heard the learned counsel for the parties.

5. Investigation in the case is complete, charge-sheet has already been filed. Applicant is in jail since 21.05.2022.

6 . Considering aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed on condition that he will deposit a sum of Rs.45 Lacs before trial Court. The amount of Rs.45 Lacs be kept in FDR by trial Court and same shall be subject to final judgment that may be passed in the case.

7. It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two

sureties in the like amount to the satisfaction of the trial court for his appearance before the trial court on the dates to be fixed by the trial court.

7. The applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules

(VISHAL DHAGAT) JUDGE nd NEETI TIWARI 2023.02.23 10:51:05 +05'30'