Ramesh Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 15113 MP

                                                      1
                           IN   THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                         ON THE 13 th OF SEPTEMBER, 2023
                                      MISC. CRIMINAL CASE No. 33804 of 2023

                          BETWEEN:-
                          RAJKUMAR PAL S/O SHRI BADAM PAL, AGED ABOUT 35
                          YEARS, OCCUPATION: PRIVATE SERVICE R/O VILLAGE
                          GUWAVALI POLICE STATION TEHARKA DISTRICT
                          NIWADI (MADHYA PRADESH)

                                                                             .....APPLICANT
                          (BY SHRI AJEET SINGH - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION GUNNOR DISTRICT PANNA (MADHYA
                          PRADESH)

                                                                           .....RESPONDENT
                          (BY SHRI VIVEK LAKHERA - GOVT. ADVOCATE)

                                      MISC. CRIMINAL CASE No. 34708 of 2023

                          BETWEEN:-
                          RAMESH KUSHWAHA S/O SHRI MAITHLISHARAN
                          KUSHWAHA, AGED ABOUT 27 YEARS, OCCUPATION:
                          AGRICULTURE R/O VILLAGE THAUNA P.S. SENDRI
                          DISTRICT NIWADI (MADHYA PRADESH)

                                                                             .....APPLICANT
                          (BY SHRI SURYA KUMAR PATEL - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION GUNNAUR DISTRICT PANNA (MADHYA
                          PRADESH)

                                                                           .....RESPONDENT
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 9/14/2023
7:20:21 PM
                                                       2
                          (BY SHRI VIVEK LAKHERA - GOVT. ADVOCATE)

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

This is first bail application filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.272/2023 dated 16.07.2023, registered at P.S.- Gunnor District - Panna (M.P.) for the offence punishable under Section 420, 467,468 and 471 of IPC. Applicant Rajkumr Pal is in detention since 15.07.2023 and applicant Ramesh Kushwaha is in detention since 17.07.2023.

2. As per the prosecution story, on 16.07.2023, Narendra Singh Solanki

R/o village Hinoti, P.S. Gunnor submitted an application before the police alleging that on 22.5.2023, he received a call on his mobile No.9302463804, one person introduced himself as Manager of Jio Company Delhi and Indore Head Office and forwarded a message that he has won Rs.7 lacs cash and a pulsar vehicle in reward by Jio company. He was asked to make a call on mobile No.9713940151 to receive the same. When he made a call on mobile No.9713940151, he was asked to deposit money in Bank Account No.8982685649. Complainant believing the call of the person to be true deposited Rs. 10,000/-,20,000/- on 22.05.2023 and Rs.15,000/- on 23.5.2023 and Rs.20,000/-,20,000/-, 15,000/-,25,000/-, 10,000/- and 9,000/- on 25.03.2023. In total Rs.1,44,000/- were deposited in that account. After depositing the aforesaid amount when he asked to handover the prize money and vehicle, they again demanded Rs.40,000/- (forty thousand) and told that he is S.P. Panna then he thought that S.P. cannot make such type of calls. He was threatened from mobile No.9165627212 to be implicated in false cases. F.I.R Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 9/14/2023 7:20:21 PM

was registered. In the course of investigation, applicants alongwith others were nabbed as calls were made from their mobile numbers and money was also received in their account.

3. Learned counsel for the applicants has submitted that applicants have n o t committed any offence. They are innocent. They have been falsely implicated. It is submitted that both the applicants are ready to deposit Rs.1,44,000/- under protest before the trial court. Trial of the case will take considerable time. Therefore, it is prayed that applicants may be released on bail.

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

5. Looking to the facts and circumstances of the case and the fact that applicants have no criminal background and they are ready to deposit Rs.1,44,000/- before the trial court but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre trial detention of the applicants is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed.

6. It is directed that applicants - Rajkumar Pal and Ramesh Kushwaha be released on bail subject to their depositing Rs.1,44,000/- in the

form of a fixed deposit of nationalized bank or in CCD of the Court and on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 9/14/2023 7:20:21 PM

conditions enumerated under Section 437(3) of Cr.P.C.

7. It is made clear that the aforesaid amount so deposited will be disbursed as per final outcome of the judgment by the trial court.

8. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 9/14/2023 7:20:21 PM