Mohd. Saddam Hussain vs The State Of Madhya Pradesh
2024 Latest Caselaw 15405 MP

Madhya Pradesh High Court

Mohd. Saddam Hussain 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. 19954 of 2024

                          BETWEEN:-
                          MOHD. SADDAM      HUSSAIN   S/O SHRI UMAR
                          MOHAMMAD, AGED ABOUT 25 YEARS, OCCUPATION:
                          CULTIVATOR R/O VILLAGE DEHNA TEHSIL PAHADI
                          DAHANA DISTRICT BHARATPUR (RAJASTHAN)

                                                                                         .....APPLICANT
                          (BY SHRI ANKIT SAXENA - ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION CYBER CELL DISTRICT BHOPAL (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY MS. PAPIYA GHOSH - PANEL LAWYER )

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

This is second application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.106/2023 dated 11.9.2023 registered at Police Station-Cyber Cell, District-Bhopal (M.P.) for commission of offence under Sections 420 of IPC & Section 66D of IT Act. Applicant is in detention since 11.10.2023.

2. Applicant's first bail application was dismissed for want of prosecution vide order dated 12.2.2024 passed in M.Cr.C. Nos.49654 of 2023.

3. As per the prosecution story, applicant along with another co-accused person cheated from complainant Vishal Trivedi an amount of Rs.4,16,097/- from his bank account in the name of account verification. Applicant along with his brother-in-law Jahul was captured in bank CCTV footage.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Offence is triable by JMFC. He is in jail for last more than six months. He has deposited Rs.Two Lac which is half of the cheated amount in the form of FD of nationalized bank. Trial of the case will take considerable time. Therefore, it is prayed that the applicant may be released on bail pending the trial.

5. On the other hand, learned counsel for the State has opposed grant of bail.

6 . Considering the totality of allegations against the present applicant including the detention period and the fact that offence under Section 420 of IPC is triable by Judicial Magistrate First Class, I am inclined to release the applicant on bail. Consequently, this second bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

7. It is directed that applicant - Mohd. Saddam Hussain 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. The order about disbursement of money

deposited in case diary may be passed in the judgment by trial Court.

8. 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.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra