Madhya Pradesh High Court
Ratnesh @ Suraj Tripathi vs The State Of Madhya Pradesh on 22 May, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 22 nd OF MAY, 2024
MISC. CRIMINAL CASE No. 54655 of 2023
BETWEEN:-
RATNESH @ SURAJ TRIPATHI S/O SHRI VANSH GOPAL
TRIPATHI, AGED ABOUT 28 YEARS, OCCUPATION:
LABOUR R/O BITA KODIRAM GORAKHPUR (UTTAR
PRADESH)
.....APPLICANT
(BY SHRI MADAN SINGH - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TATI O N DHANOURA DISTRICT SEONI (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI PRADEEP GUPTA - GOVT. ADVOCATE FOR
RESPONDENT/STATE, SHRI RAJENDRA KUMAR MISHRA - ADVOCATE
FOR OBJECTOR AJAY MISHRA AND SHRI SACHIN JAIN FOR OBJECTOR
MOHD. ASIF KHAN)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application filed by the applicant under Section 439 of the
Code of Criminal Procedure for grant of regular bail relating to FIR
No.201/2023 dated 16.05.2023 registered at Police Station Dhanoura, District
Seoni (M.P.) for the offence punishable under Section 419,420,465,465,468,471
and 34 of IPC and Section 3/4 of M.P. Nikshepakon Ke Hiton Ka Sanrakshan
Adhniyam, 2000. Applicant is in detention since 22.05.2023.
2. As per the prosecution story, applicant alongwith other others
cheated Rs.9,16,000/- from one Ajay Mishra and Rs.5,00,000/- from Mohd.
Asif Khan at the pretext of providing dealership for organic fertilizer and
plantation of trees. After investigation, charge sheet has been filed.
3. Learned counsel for the applicant has submitted that applicant has not
committed any offence. He is innocent. He has been falsely implicated. He has
already undergone incarceration of one year. He has deposited half of the
alleged cheated amount before the trial court. Trial of the case will take
considerable time. Therefore, it is prayed that applicant may be released on bail.
4. On the other hand, learned counsel for the State has opposed grant
of bail and has submitted that two cases are registered against the applicant one
at Seoni and another at Jabalpur and the total alleged cheated amount is
Rs.19,00,000/-
5. Learned counsel for the objectors Ajay Mishra and Mohd. Asif
Khan have contended that applicant has cheated amount of Rs.14,00,000/- from
two persons at the pretext of providing dealership. It is further submitted that
applicant is one of the member of racket which is involved in cheating people in
the name of providing dealership. It is also contended that in the case money
was transferred by complainant in the bank account given by the accused from
their bank account. Co-accused of the case are already at large. Learned
counsel for the objector Ajay Mishra has placed reliance on three bail orders
passed by this Court and by co-ordinate bench of this court in the case of
Surendra Kumar Vs. State of M.P. (M.Cr.C.No.8379/2024 decided on
30.04.2024), Narendra Singh Tomar Vs. State of M.P. and others
(M.Cr.C.No.122/2016 decided on 01.02.2016 and Nausad Vs. State of
M.P. (M.Cr.C.No.37613/2022 and connected M.Cr.C decided on
15.09.2022). It is further contended the applicant has suppressed the fact
about the cheated amount as the total cheated amount is more than 19,00,000/-
and as such prayed for rejection of the bail application.
6. Learned counsel for objector Mohd. Asif Khan has submitted that
the half of the amount so deposited is against the cheated amount belonging to
complainant Ajay Mishra and not against complainant Mohd. Asif Khan.
Therefore, it is prayed that applicant may not be released on bail.
7. In this case, applicant has already undergone almost one year
incarceration. As per learned counsel for the State only two cases are
registered against him in the State of M.P.. The total alleged cheated amount is
Rs.19,00,000/-. Half of the cheated amount from complainant Ajay Mishra has
been deposited by him before trial court. After investigation, charge sheet has
already been filed. Final conclusion of the trial will take considerable time. No
accused can be kept behind the bar for an indefinite period. Therefore, having
taken into consideration all the facts and circumstances of the case including
detention period but without expressing any opinion on the merit of the case, I
am inclined to release the applicant on bail. Consequently, bail application
under Section 439 of the Code of Criminal Procedure for grant of bail filed on
behalf of applicant, stands allowed.
However, it is made clear that half of the amount deposited before the
trial court by the applicant shall be subject to final outcome of the case and trial
court in judgment shall pass appropriate order about disbursement of the
amount so deposited.
8. It is directed that applicant - Ratnesh @ Suraj Tripathi be released
on bail on his 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.
9. 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
