Vishal Jaiswal vs The State Of Madhya Pradesh
2023 Latest Caselaw 18939 MP

                                                               1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 8 th OF NOVEMBER, 2023
                                           MISC. CRIMINAL CASE No. 48229 of 2023

                           BETWEEN:-
                           VISHAL JAISWAL S/O SHRI PREMCHAND, AGED ABOUT
                           27 YEARS, OCCUPATION: PRIVATE JOB, R/O SHIVLOK
                           CITY, BETUL BAZAR ROAD, BETUL, DISTRICT BETUL
                           (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI HIMANSHU TIWARI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION BETUL GANJ, DISTRICT BETUL (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI SATYAPAL CHADHAR - GOVT. ADVOCATE)

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

This is the second application filed by applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.161/2023, registered at Police Station-Betul Ganj, District Betul (M.P.) for the offence under Sections 420, 467, 468, 470, 471 and 34 of Indian Penal Code.

2. Learned counsel appearing for applicant submitted that he has suffered hip dislocation and has been operated recently. It is further submitted that applicant is ready to deposit 25% of the amount in question under protest to Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 09-11-2023 14:31:23

show his bonafide that he is innocent an has falsely been implicated in the case. In these circumstances, applicant be released on bail.

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

4. Heard the counsel for the parties.

5. On going through medical report, it is found that Doctor has advised him bed rest and further directed to keep weights on his leg so that there is proper tension and tension is not to be removed. It was further advised to get himself examined after period of two months.

6. Considering the illness report and the fact that applicant has also

agreed to deposit 25% of the total amount to show his bonafide, without commenting on the merits of the case, bail application filed by applicant is allowed on following conditions :

1. Applicant will deposit Rs.2,00,000/- (Rupees Two Lac O n l y) under protest before trial Court. Amount deposited by applicant shall be kept in FDR and same will be subject to final judgment which will be passed by the trial Court.

7. It is directed that the applicant shall be released on bail on aforesaid condition on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial on aforesaid conditions.

8. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 09-11-2023 14:31:23

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

9. C.C. as per rules.

(VISHAL DHAGAT) JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 09-11-2023 14:31:23