Virendra Kumar Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 11054 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 17 th OF JULY, 2023
                                          MISC. CRIMINAL CASE No. 30755 of 2023

                           BETWEEN:-
                           VIRENDRA KUMAR SEN S/O SHRI KANCHHEDILAL
                           SEN, AGED ABOUT 29 YEARS, OCCUPATION: PVT. JOB
                           R/O VILLAGE KUTHA P.S. JAITWARA TEHSIL
                           MAJHGAWAN DISTT. SATNA (MADHYA PRADESH).

                                                                                             .....APPLICANT
                           (BY SHRI RAJESH KUMAR SEN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           MOGHAT ROAD DISTRICT KHANDWA (MADHYA
                           PRADESH).

                                                                                          .....RESPONDENT
                           (BY SHRI AJEET RAWAT - GOVERNMENT ADVOCATE)

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

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No. 93/2023, registered at Police Station Moghat Road, District Khandwa (M.P.) for the offence punishable under Sections 420, 409, 467, 468, 471 r/w 34 of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated. It is submitted that applicant was posted in Indore. Incident is said to have taken place at Khandwa. As per Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 18-07-2023 12:21:33

prosecution story, complainant has paid an amount of Rs. 12 lacs in cash to applicant and other co-accused persons for obtaining FDR. Said complainant was given false FDR and money in cash was divided amongst accused persons. It is submitted that whole allegation is false. In these circumstances, applicant be released on bail.

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

4. Heard the counsel for the parties.

5. As per prosecution story, applicant has received an amount of Rs. 3 lacs in cash. Counsel for the applicant submits that to show his bonafides, he is

ready to deposit sum of Rs. 3 lacs.

6. Considering the facts and circumstances of the case and allegation made against the applicant, application is allowed on condition that he will deposit an amount of Rs. 3 lacs and will produce receipt of the same before CJM Khandwa. Amount deposited by the applicant shall be kept in FDR and same will be subject to final judgment passed by the trial Court.

7. It is directed that applicant shall be released on bail subject to aforesaid condition and on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety 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.

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

9. C.C as per rules.

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 18-07-2023 12:21:33

(VISHAL DHAGAT) JUDGE vkt

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 18-07-2023 12:21:33