Citation : 2023 Latest Caselaw 15456 MP
Judgement Date : 20 September, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 20 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 41807 of 2023
BETWEEN:-
VINAY KUMAR SATYANAMI S/O SH. VAIDYANATH
SATYANAMI, AGED ABOUT 39 YEARS, OCCUPATION:
DRIVER R/O: 14/793, NEAR PANI TANKI, KORIYAN TOLA
SAMAN, REWA H.O. NEW VTC REWA (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI SIDHANT DHINGRA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CYBER CRIME, ZONE UJJAIN, DISTRICT
UJJAIN (MADHYA PRADESH)
.....NON APPLICANT
(BY SHRI SUHAS PUNDLIK - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
1. This is the 4th application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.427/2019 registered at Police Station - Cyber Cell, Ujjain (M.P.).
2. Applicant's 3rd bail application has been rejected on merit vide order dated 1.8.2023 passed in MCRC No.11976/2023 and earlier two bail applications were dismissed as withdrawn.
3. Applicant has preferred this repeated 4th bail application on the ground that he is innocent and he is in custody since 1.8.2023. After passing the earlier Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 21-Sep-23 10:06:21 AM
order, cross-examination of complainant Anuradha (PW-1) has been completed and applicant has filed details of his bank account. Final conclusion of trial will take considerable long time. Hence, it is prayed that applicant be released on bail. Counsel for the applicant has also placed reliance upon the judgment of Hon'ble Apex Court in the case of Sanjay Chandra Vs. CBI reported in 2011 Legal Eagle (SC) 973.
4. Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection.
5. Perused the case diary as well as the impugned order of the court below.
6. Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also the fact that applicant's third bail application was dismissed on merit vide order dated 1.8.2023 and after one month this repeated bail application has been filed. Complainant Anuradha (PW-1) has deposed against the present applicant and nothing has been found in her cross-examination which helps the applicant. There is no material changes in the circumstances in which the applicant may be entitled for bail.
7. Therefore, this repeated 4th bail application under Section 439 of Cr.P.C. is hereby dismissed.
C.C. as per rules.
(ANIL VERMA) JUDGE trilok
Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 21-Sep-23 10:06:21 AM
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