Madhya Pradesh High Court
Shaktendra Vikram Singh @ Shakti vs The State Of Madhya Pradesh on 4 January, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 4 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 60662 of 2022
BETWEEN:-
SHAKTENDRA VIKRAM SINGH @ SHAKTI S/O SHRI
LALLAN SINGH SOMVANSHI, AGED ABOUT 30 YEARS,
AKODIYA SAHAJANPUR THANA MANDHATA (UTTAR
PRADESH)
.....APPLICANT
(BY SHRI RAKESH KUMAR DUBEY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE THANA CITY KOTWALI
(MADHYA PRADESH)
.....RESPONDENT
( BY SHRI NIRMAL SHARMA - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
Case diary is available.
This fifth application under Section 439 of CrPC has been filed for grant
o f bail. Fourth application of the applicant was dismissed by order dated
26.10.2021 passed in M.Cr.C. No.52882/2021.
The applicant has been arrested on 06.09.2022 in connection with Crime
No.565/2018 registered at Police Station City Kotwali District Bhind for offence
under Sections 420, 467, 468, 471 of IPC and Sections 66-C and 66-D of I.T.
Act.
I t is submitted by the counsel for the applicant that the police after
completing the investigation has filed the supplementary charge-sheet against the
applicant. Test Identification Parade of the applicant has not been conducted.
The allegations are that by making clone of ATM card, huge amount was
fraudulently withdrawn from the bank account of different persons. However,
the applicant has been implicated as an accused merely on the basis of
confessional statement made by the co-accused persons. The applicant is ready
and willing to abide by any stringent condition which may be imposed by the
Court. The Trial is likely to take sufficiently long time and there is no possibility
of his absconding or tampering with the prosecution case. This Court by orders
dated 21.4.2022 and 13.5.2022 passed in M.Cr.C.Nos.19846/2022 and
22224/2022 has granted bail to co-accused Deepak @ Fatehbahadur and
Jitendra Singh alias Dheerusingh respectively.
Per contra, the application is vehemently opposed by the counsel for the
State. It is submitted that not only, the applicant is the resident of Pratapgarh,
U.P. but various cases of identical in nature have been registered against him in
Indore and U.P. as well as in the Police Station City Kotwali Bhind.
In reply, it is submitted by the counsel for the applicant that the applicant
is ready and willing to abide by any stringent condition which may be imposed
by the Court including that of furnishing cash surety.
Considering the facts and circumstances of the case, coupled with the
concessional statement of furnishing cash surety, but without commenting on
the merits of the case, the application is allowed. It is directed that the applicant
shall be released on bail on furnishing cash surety of Rs.3,00,000/- (Rupees
Three Lacs) to the satisfaction of the Trial Court/Committal Court to appear
before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail
jump, it shall become ineffective.
It is made clear that single default in appearance before the Trial Court, or
in case of registration of new offence, this bail order shall automatically come to
an end and the cash surety so furnished by the applicant shall automatically
stand forfeited without any reference to the Court.
In the light of the judgment passed by the Supreme Court in the case of
Aparna Bhat and others Vs. State of M.P. passed on 18.03.2021 in
Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent
to the complainant.
The application is allowed.
(DEEPAK KUMAR AGARWAL)
JUDGE
mani
SUBASRI MANI
2023.01.05
10:35:05 -08'00'
