Roshan Kumar Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 7888 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                  ON THE 12 th OF MAY, 2023
                                        MISC. CRIMINAL CASE No. 18898 of 2023

                          BETWEEN:-
                          ROSHAN KUMAR CHOUDHARY S/O BENI PRASAD
                          CHOUDHARY, AGED ABOUT 39 YEARS, OCCUPATION:
                          PRIVATE WORK R/O GRAM CHIVLA GWARIGHAT
                          JABALPUR DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (BY SHRI H.R.NAIDU - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION BARELA R/O DISTRICT JABALPUR (MADHYA
                          PRADESH)

                                                                                     .....RESPONDENT
                          (BY SHRI PRADEEP GUPTA- GOVT. ADVOCATE)

                                Th i s application coming on for admission this day, t h e court
                          passed the following:
                                                           ORDER

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.485/2021 dated 29.08.2021 registered at police station Barela District Jabalpur for commission of offence under Sections 420, 465,467, 468, of IPC and Section 6(1) of M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000. He is in detention since 26.08.2021.

As per the prosecution story on 28.08.2021, Smt. Savitri Bai Rajput

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/13/2023 6:44:03 PM

filed an application in writing before police Barela alleging one person w ho introduced himself as Roshan Choudhary came to her house and informed that he can manage loan of Rs.1,00,000/- for her and other persons from HDFC Bank Golbazar Branch and they have to repay the loan in 42 installments. The monthly installment will be Rs.2630/-. He formed a group of 5-5 persons and took the joint photograph of husbands and wives and that of Krishna Burman, Janko Bai, Kailashi and Radha Bai. After 3-4 days, Roshan Choudhary again came and told that they have to get prepared their PAN card as the loan amount is high. He told that they have to pay Rs.1600-1600 each for insurance and that amount is refundable after

one year. He collected Rs.1600-1600/- from all persons and got their signatures on 10-10 rupees stamp. He further informed that loan amount will be disbursed to them after 25 days. Later, they came to know that they have been cheated by the applicant. F.I.R was registered.

Learned counsel for the applicant has submitted that the applicant has not committed any offence. He is innocent. He has been falsely implicated. He is ready to deposit Rs.1,00,000/- under protest against the amount alleged to have been embezzled by him. He is in jail since 26.08.2021. There is no possibility of conclusion of trial in near future. Therefore, it has been prayed that the applicant be released on bail.

On the other hand, learned counsel for the State has opposed grant of bail to the applicant.

Looking to the facts and circumstances of the case including custody period of the applicant and the fact that trial of the case will take

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/13/2023 6:44:03 PM

considerable time, without expressing any opinion on merits of the case, I am of the view that it is a case in which further pre-trial detention of the present applicant is not warranted. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.

It is directed that applicant - Roshan Choudhary be released on bail on his furnishing a Bank guarantee of Rs. 1,00,000/- (Rupees One Lakh) with a 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 regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective. In judgment, trial court shall make proper order about release or disbursement of amount so deposited by bank guarantee.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/13/2023 6:44:03 PM