Citation : 2023 Latest Caselaw 9299 MP
Judgement Date : 21 June, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 21 st OF JUNE, 2023
MISC. CRIMINAL CASE No. 20290 of 2023
BETWEEN:-
VIKAS KORI S/O SHRI KALLU KORI, AGED ABOUT 22
YE A R S , OCCUPATION: LABOUR VILLAGE BELWA
PAIKAN P.S RAIPUR KARCHULIYAN DISTRICT
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI DHIRESH S. DUBEY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION GOVINDGAR DISTRICT REWA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI DINESH P. PATEL - DY. GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This i s fi rst application filed by the applicant under Section 439 of Cr.P.C for grant of regular bail relating to FIR No.106/2023 registered at Police Station-Govindgarh, District-Rewa (MP) for the offence under Sections 420/34 of the Indian Panel Code.
2. Learned counsel appearing for applicant submitted that allegation of cheating of an amount of Rs.64,200/- is made against applicant. Applicant is innocent and has falsely been implicated in the case. To show his bona-fide, applicant is ready to deposit said amount. Said amount can be given to Signature Not Verified Signed by: NEETI TIWARI Signing time: 22-06-2023 12:52:49
complainants on their furnishing security. Applicant will have no objection on it. Said amount shall be subject to final order, which will be passed by the trial Court. On aforesaid grounds, counsel for applicant prays for grant of bail to the applicant.
3. Learned Government Advocate appearing for State opposed the bail application. It is submitted that offence of cheating is made out against applicant, therefore, he prayed for rejection of bail application.
4. Heard the counsel for the parties.
5. Offence of cheating is punishable with seven years imprisonment. Applicant is ready to deposit the amount of cheating before concerned CJM.
6. Considering the aforesaid facts and circumstances of the case and also considering the proposal of applicant to deposit the amount of Rs.64,200/- before CJM, Rewa, without commenting on the merits of the case, bail application stands allowed.
7. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty Lacs only) with one solvent surety in the like amount to the satisfaction of the trial court on condition of depositing of Rs.64,200/- before CJM, Rewa.
8. 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.
9. Complainant will be at liberty to withdraw the amount on furnishing security and surety.
10. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated under Section 437(3) of Cr. P. C.
C.C as per rules.
Signature Not Verified Signed by: NEETI TIWARI Signing time: 22-06-2023 12:52:49
(VISHAL DHAGAT) JUDGE nd
Signature Not Verified Signed by: NEETI TIWARI Signing time: 22-06-2023 12:52:49
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