Madhya Pradesh High Court
Devrishi @ Dev Paliwal vs The State Of Madhya Pradesh on 12 August, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2025:MPHC-GWL:17599
1 MCRC-27266-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 12th OF AUGUST, 2025
MISC. CRIMINAL CASE No. 27266 of 2025
DEVRISHI @ DEV PALIWAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ajit Singh Bhadoria - Advocate for applicant.
Shri Mohit Shivhare - Public Prosecutor for respondent/State.
Shri Hemant Singh Rana - Advocate for respondent [COMP].
ORDER
This is first bail application under Section 483 of BNSS filed by the
applicant for grant of bail.
2. The applicant has been arrested on 05.06.2025 in connection with
Crime No. 147/2020 registered at Police Station- Kotwali District Gwalior
for offence punishable under Section 420 of IPC.
3. As per prosecution case, complainant lodged the FIR against the
applicant regarding forgery and cheating. He duped the complainant for a
total amount of Rs.3,00,000/- on the allurement of providing job in
Railways, out of the said amount, the applicant had taken a sum of
Rs.2,50,000/- in the month of November, 2019 and Rs. 50,000/- on
13.12.2019, but neither the job was provided nor the amount was returned to
the complainant.
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4. Learned counsel for the applicant submitted that accused/applicant
is in jail since 05.06.2025. Applicant has been falsely implicated in this case.
There is no probability of absconding or tampering with the prosecution
evidence by the applicant. The trial will take time for its final disposal. He is
ready to deposit the whole amount of Rs.1,00,000/- before the trial and is
ready to furnish bail as per the order and abide by all conditions imposed by
the Court. On these grounds, learned counsel for the applicant prays for grant
of bail to the applicant.
5. Per-contra, learned Public Prosecutor as well as counsel for the
complainant vehemently opposed the bail application and prayed for its
rejections.
6. Considering the facts and circumstances of the case, this Court
inclined to grant bail to the applicant subject to depositing of Rs.1,00,000/-
before the trial Court while furnishing his bail bond. Therefore, the present
application for bail under Section 483 of BNSS filed on behalf of applicant is
allowed.
7. It is directed that applicant be released on bail subject to depositing
of Rs.1,00,000/- (Rupees One Lac only) before the concerned trial Court and
on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty
Thousand) with one surety of the same amount to the satisfaction of the
JMFC concerned or trial Court for his appearance before the trial Court on
the dates given by the concerned Court.
8. It is directed that the remaining amount of Rs.2,00,000/- shall be
deposited by the applicant within a period of three months from the date of
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his release from jail. In case, the applicant fails to deposit the said amount
with the stipulated period, his bail shall stands cancelled and the trial Court
shall issue an arrest warrant for procuring his presence before that Court and
after his arrest shall confine him to jail.
9. The amount of Rs. 3,00,000/- (Rs. Three Lacs) so deposited by the
applicant before the trial Court shall be kept in fixed deposit in a
Nationalized Bank at the discretion of the trial Court in such a manner, as to
earn maximum rate of interest.
10. The entire amount including the interest shall be payable to the
person found entitled thereto in the judgment of the trial Court.
11. This order will remain operative subject to compliance of the
following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to the Police Officer,
as the case may be;
4 . The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the
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trial; and
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
