Madhya Pradesh High Court
Pushpendra Yadav vs The State Of Madhya Pradesh on 10 March, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:11820
1 MCRC-7263-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 10th OF MARCH, 2025
MISC. CRIMINAL CASE No. 7263 of 2025
PUSHPENDRA YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Kunal Dubey - Advocate for applicant.
Mr. Nikesh Vishwakarma - Panel Lawyer for State.
ORDER
This is the third application filed by the applicant under Section 483 of
Bhartiya Nagarik Suraksha Sanhita , 2023/Section 439 of Cr.P.C., 1973 for
grant of regular bail relating to FIR/Crime No.417 of 2021 registered at
Police Station - Civil Lines Rewa, District - Rewa (M.P.) for the offence
punishable under Sections 420, 468, 471 of the Indian Penal Code and
Section 66-D of the Information Technology Act.
2. Learned counsel for applicant has submitted that the applicant was
given the benefit of conditional bail vide M.Cr.C. No.9858 of 2022 dated
29.03.2022, in which, it was directed that the applicant shall deposit
Rs.34,00,000/- but till today, the applicant is not in a position to deposit the
aforesaid amount, hence he is in judicial custody and the trial will take
considerable time to be concluded, hence, the applicant is entitled to be
released on bail.
3. Learned counsel for the applicant has also submitted that only one
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witness has been examined till today and in that circumstances, in the light
of the judgment of the Hon'ble Apex Court in the case of Manish Sisodia
Vs. Central Bureau of Investigation (2023)7 Supreme 260 in paragraph
no.28 it is observed as under:-
"28. Detention or jail before being pronounced guilty of an
offence should not become punishment without trial. If the trial
gets protracted despite assurances of the prosecution, and it is
clear that case will not be decided within a foreseeable time, the
prayer for bail may be meritorious. While the prosecution may
pertain to an economic offence, yet it may not be proper to
equate these cases with those punishable with death, imprisonment
for life, ten years or more like offences under the Narcotic Drugs
and Psychotropic Substances Act, 1985, murder, cases of rape,
dacoity, kidnaping for ransom, mass violence, etc. Neither is this a
case where 100/1000s of depositors have been defrauded. The
allegations have to be established and proven. The right to bail in
cases of delay, coupled with incarceration for a long period,
depending on the nature of the allegations, should be read into
Section 439 of the Code and Section 45 of the PML Act. The
reason is that the constitutional mandate is the higher law, and it is
the basic right of the person charged of an offence and not
convicted, that he be ensured and given a speedy trial. When the
trial is not proceeding for reasons not attributable to the accused,
the court, unless there are good reasons, may well be guided to
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3 MCRC-7263-2025
exercise the power to grant bail. This would be truer where the
trial would take years."
4. Learned counsel for State has opposed the bail application and has
submitted that the applicant was given the benefit of bail and he had shown
bonafide to deposit the amount but he did not and the applicant has four
criminal antecedents of the same nature, hence, the applicant is not entitled
to be released on amended bail.
5. Heard the parties and perused the case diary.
6. Looking to the facts and circumstances of the case, earlier, the
applicant was given the benefit of bail with certain conditions but till today,
the condition has not been fulfilled, hence, this Court is not inclined to
enlarge the applicant on bail, therefore, the bail application filed by the
applicant stands dismissed.
7. Applicant is in custody for more than three years and the trial Court
is requested to expedite the trial and decide the same on merits as soon as
possible.
8. Accordingly, Misc. Criminal Case stands disposed of.
(DEVNARAYAN MISHRA)
JUDGE
julie
