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
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.
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
The judgment emphasizes the gravity of white-collar crimes and the need for severe punishment for culprits involved in cheating and criminal breach of trust.
The court emphasized that bail may be denied if the accused poses a threat to witness safety and has a record of similar offenses.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The right to life and liberty should not be infringed without sufficient cause, and bail may be granted under Section 439 of Cr.P.C. when detention in custody is not warranted for any purpose other t....
The court may grant bail considering the nature of allegations and period of detention, without commenting on the merits of the case.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.