Sandeep Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 1765 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                    ON THE 31 st OF JANUARY, 2023
               MISC. CRIMINAL CASE No. 4845 of 2023

BETWEEN:-
SANDEEP RAJAK S/O SHRI MOHANLAL RAJAK, AGED
ABOUT 35 YEARS, OCCUPATION: PRIVATE JOB R/O LIC
INDIRA BASTI WARD MADAN MAHAL JABALPUR
(MADHYA PRADESH)

                                                               .....APPLICANT
(BY SHRI VIKESH PRATAP SINGH - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CANTT. DISTRICT JABALPUR (MADHYA
PRADESH)

                                                            .....RESPONDENT
(BY SHRI K.S. BAGHEL - GOVERNMENT ADVOCATE)

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

This i s fi rst application under Section 439 of the Code of Criminal Procedure on behalf of the applicant.

2. Applicant is in jail since 29.12.2022 in connection with Crime No.31/2020 registered at Police Station-Cantt., District-Jabalpur (MP) fo r the offence under Sections 420, 467, 468, 471, 120-B of the Indian Panel Code.

3. Learned counsel appearing for applicant submitted that applicant is innocent and has falsely been implicated in the case. He is in jail since 29.12.2022. Transaction of money has been done in account of co-accused

Kohinoor Bhalla. It is further submitted that applicant is ready to deposit alleged defalcated amount of Rs.3,00,000/- under protest. On aforesaid grounds, counsel for applicant prays for grant of bail to the applicant.

4. Learned Government Advocate appearing for State opposed the bail application. It is submitted that in written complaint given by complainant-Reena @ Jyoti Rajak, she has categorically stated that Sandeep Rajak as well as Kohinoor Bhalla had induced the complainant to pay amount of Rs.6 Lacs for getting Government Job. Money deposited in account of Kohinoor Bhalla. Role of applicant cannot be ruled out. On said grounds, he prayed for rejection of bail application.

5. Heard the counsel for the parties.

6. Counsel for applicant has stated that applicant is ready to deposit Rs.3,00,000/- under protest before concerned CJM.

7. Considering the aforesaid facts and circumstances of the case and also considering the proposal of applicant to deposit Rs.3,00,000/- under protest before CJM, Jabalpur, without commenting on the merits of the case, bail application stands allowed.

8. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rs. Fifty Lacs only) with one solvent surety in the like amount to the satisfaction of the trial court on condition of depositing of Rs.3,00,000/- before CJM, Jabalpur under protest.

9. Amount which will be deposited by the applicant shall be kept in FDR and same will be subject to final judgment passed by the trial Court.

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

11. C.C as per rules.

(VISHAL DHAGAT) JUDGE shabana SHABANA ANSARI Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d 13dda510735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE 90A6E101CF42422711, cn=SHABANA ANSARI Date: 2023.02.01 10:37:40 +05'30'