IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA rd ON THE 3 OF MAY, 2023 MISC. CRIMINAL CASE No. 16423 of 2023 BETWEEN:-

1. SACHIN S/O SHRI NARESHBHAI CHALODIYA, AGED ABOUT 27 YEARS, OCCUPATION: BUSINESS R/O 3, MAGAN NAGAR SOCIETY NARAYAN NAGAR KATARGRAM SURAT (GUJARAT)

2. PRIYANK S/O SHRI MAHESHBHAI BAWDIA, AGED ABOUT 22 YEARS, OCCUPATION: BUSINESS P-128, J.I.P.G. KATARGRAM, SURAT GURJAT (GUJARAT)

.....APPLICANTS (SHRI GAJENDRA SHARMA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION CRIME BRANCH, INDORE (MADHYA PRADESH)

.....RESPONDENT (SHRI MUKESH SHARMA - GOVERNMENT ADVOCATE)

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

ORDER

1. This is first bail application under Section 439 of Cr.P.C for grant of regular bail in connection with crime No.12/2023 dated : not mentioned registered at P.S - Crime Branch, Indore (M.P.) for offences punishable under Section(s) 420, 201, 403, 406, 467, 468, 471, 34 of IPC.

2. It is alleged that the applicants had given online order regarding purchase of laptop through Amazon company. After receiving the laptop in the return policy they had sent a dummy laptop and the aforesaid laptops have been Signature Not Verified Signed by: SOURABH sold.

3. The complainant is present in person, who has been identified by the counsel for the applicant and also produced a copy of the Aadhar Card has stated on affidavit that he has no objection to grant bail to the applicants. 4. Learned counsel for the applicants submits that co-accused Aslam, Vivek and Nitin were released by police after giving notice under section 41 of the Cr.P.C. It is submitted that no further custodial interrogation is required because the laptop has already been seized.

5. Learned counsel for the respondent/state has opposed the prayer.

6. After hearing learned counsel for the parties and taking into consideration that the co-accused persons have already been released after giving notice under section 41 of the Cr.P.C and the aforesaid laptop has already been seized from the applicants, further the complainant has no objection to grant bail to the applicants, I am of the view that the applicant is entitled for grant of bail on the following condition :-

1. The applicant shall co-operate with the investigation.

2. The applicant shall not tamper or influence the evidence.

7. It is directed that applicants Sachin S/o Naresh Bhai Chalodiya, and Priyank S/o Mahesh Bhai Bawadiya shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only)

with one surety of the like amount to the satisfaction of the Ld. Court below.

8. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant Signature Not Verified Signed by: SOURABH shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

9. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld.

Court below.

10. With the aforesaid, the application is allowed and disposed off.

Cc as per rules.

(VIJAY KUMAR SHUKLA)

JUDGE Sourabh Signature Not Verified Signed by: SOURABH