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2022 Supreme(MP) 990

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Brijendra @ Bittu – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 12801 of 2022
Decided On : 11-03-2022

Advocates Appeared:
Anshu Gupta, Advocate, C.P.Singh, Advocate
Final Result : Allowed

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - Applicant arrested for cheating and forgery - Allegations included collecting funds from unemployed persons under false pretenses - Key witness turned hostile despite earlier claims - Court considers period of detention and absence of flight risk - Bail granted on stringent conditions, including a deposit. (Paras 2, 3, 5)

(B) Bail - Conditions for granting bail - The court emphasized the necessity of stringent conditions where serious allegations exist. The sum to be deposited and bond conditions were outlined to ensure the applicant's appearance. (Paras 6, 7)

Facts of the case:
The applicant and co-accused allegedly defrauded unemployed individuals by promising employment opportunities that were false, collecting a total of Rs.80,000/-. Key witness retracted support for prosecution.

Findings of Court:
Bail granted under stringent conditions with a deposit of Rs.20,000/- required to facilitate the applicant's return for the trial.

Issues: The primary issues included the genuineness of the prosecution claims and the appropriateness of bail under the circumstances of the allegations.

Ratio Decidendi: The court held that proportional release on bail, considering the nature of allegations and the applicant's willingness to comply with imposed financial conditions, is appropriate when no risk of absconding is evident.

Result: Application for bail allowed.

JUDGMENT

G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 10/10/2021 in connection with Crime No.406/2021 registered at Police Station Chachoda, District Guna for offence under Sections 420 , 467, 468 and 471 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant and co-accused person persuaded the innocent unemployed people on the pretext that they have got a contract of replacing the electric meters and therefore, they can grant of employment. On the said pretext they compelled the unemployed persons to deposit certain amount. It is alleged that thereafter, the forged appointment orders were also issued. It is submitted by the counsel for the applicant that according to the prosecution case, one Munna Singh had alleged that he had paid Rs.10,000/- to the applicant but he has not supported the prosecution case and has turned hostile qua the applicant. It is further submitted that in all Rs.80,000/- were allegedly collected from the unemployed persons and in order to show his bona fides, he is ready and willing to deposit some of the amount so collected from innocent persons. It is further submitted that co-accused Vikas Singh Rajpoot has already been granted bail by this Court by order dated 03/03/2022 passed in MCRC No.10082/2022. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that in all Rs.80,000/- were collected from the innocent persons.

Considering the allegations as well as period of detention, this Court is of the considered opinion that the applicant can be granted bail only on stringent condition. accordingly, it is directed that he shall be released on bail, in case, if the applicant deposits an amount of Rs.20,000/- without any prejudice to his defence and on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

The deposit of an amount of Rs.20,000/- shall be condition precedent for release of the applicant. However, it is made clear that the said amount shall be kept in any nationalized bank in FDR and it shall be disbursed as per outcome to the trial.

In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

With aforesaid observation, the application is allowed.

Certified copy as per rules.

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