Mohd. Afjal vs The State Of Madhya Pradesh
2023 Latest Caselaw 3357 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                             ON THE 23 rd OF FEBRUARY, 2023
                                         MISC. CRIMINAL CASE No. 8519 of 2023

                          BETWEEN:-
                          MOHD. AFJAL S/O MOHD. HAIDAR, AGED ABOUT 37
                          YEARS, OCCUPATION: PRIVATE JOB, R/O WARD NO. 4,
                          JAMUDIYA RAJA NAGAR, JAMUDIYA NEAR KAZI
                          NAZROOL ISLAM URDU HIGH SHOOL, JAMUDIYA,
                          WEST BENGAL (WEST BENGAL)

                                                                                          .....APPLICANT
                          (BY SHRI ANKIT SAXENA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION CYBER CELL, 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

1. This is second bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 30.06.2021 in connection with Crime No. 86/2021, registered at Police Station Cyber Cell Bhopal, District Bhopal (M.P.) for the offence punishable under Sections 420, 201, 204 and 120-B of IPC and Section 66-C and 66-D of IT Act.

2. Counsel appearing for the applicant submitted that offence is punishable upto 7 years' of sentence. It is submitted that there is five accused persons and total amount said to have defalcated is Rs. 26 lacs and share of Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 2/24/2023 2:42:28 PM

applicant will come to Rs. 5,20,000/-. Applicant to show his bonafide and to assure that he will appear in trial and will not abscond from law is ready to deposit Rs. 5,20,000/- under protest. In these circumstances, applicant may be enlarged on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail.

4. Heard the counsel for the parties.

5. Considering nature of offence and the fact that applicant is ready to deposit an amount of Rs. 5,20,000/- before the trial Court, bail application filed by the applicant is allowed. Applicant shall deposit the amount of Rs.

5,20,000/- 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.

6. Applicant is from West Bengal. He is having criminal antecedents, therefore, 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 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. It is directed applicant will not involve himself in any other offence in future. If any other offence is registered against the applicant, then trial Judge will be at liberty to entertain the application of prosecution for cancellation of bail.

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 2/24/2023 2:42:28 PM

9. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 2/24/2023 2:42:28 PM