Rajesh Kewat vs State Of M.P.
2023 Latest Caselaw 8096 MP

                                                           1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                ON THE 18 th OF MAY, 2023
                                        MISC. CRIMINAL CASE No. 21294 of 2023

                          BETWEEN:-
                          RAJESH KEWAT S/O RADHESHYAM KEWAT, AGED
                          ABOUT 27 YEARS, R/O WARD NO. 4 AMBEDKAR NAGAR
                          P.S. MORWA DISTT. SINGRAULI (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (BY SHRI ANIL VERMA-ADVOCATE)

                          AND
                          STATE OF M.P. THROUGH P.S. SARAI SINGRAULI
                          (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI KS PATEL-PANEL LAWYER)

                                This application coming on for admission this day, the 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.111/2023 dated 07.02.2023 registered at police station Sarai District Singrauli for commission of offence under Sections 420, 467, 468, 471, 34 of IPC. He is in detention since 08.02.2023.

As per the prosecution story applicant along with one Sanat Kumar Jaiswal withdrew an amount of total Rs.54,000/- from accounts of Harihar Prasad Gupta, Niranja Lal Gautam and others. The allegation against the

Signature Not Verified present applicant is that he had prepared fingers clone through mobile Signed by: MANZOOR AHMED Signing time: 5/19/2023 11:17:18 AM

phone and had handed over the same to co-accused Sanat Kumar Jaiswal.

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 in jail since 08.02.2023. There is no possibility of conclusion of trial in near future. Learned counsel for the applicant has further submitted that the applicant is ready to deposit Rs.25,000/- under protest. 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.

Having considered the facts and circumstances of the case including the evidence on record and the fact that the applicant is ready to deposit Rs.25,000/- before the trial Court, 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 - Rajesh Kewat be released on bail on his depositing Rs.25,000/- before the trial Court and furnishing 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.

Signature Not Verified Signed by: MANZOOR AHMED Signing time: 5/19/2023 11:17:18 AM

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 the applicant.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) V. JUDGE Ansari

Signature Not Verified Signed by: MANZOOR AHMED Signing time: 5/19/2023 11:17:18 AM