IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 8 OF MAY, 2023 MISC. CRIMINAL CASE No. 16776 of 2023 BETWEEN:-

1. NEERAJ SHARMA S/O SHRI RATAN SHARMA, AGED ABOUT 33 YEARS, VIRNDABAN GARDEN KE PASS PANCHKULA (HARYANA)

2. DHEERAJ SHARMA S/O SHRI RATAN SHARMA, AGED ABOUT 31 YEARS, OCCUPATION: FRUIT BUSINESS VIRNDABAN GARDEN KE PASS PANCHKULA (HARYANA)

.....APPLICANTS (BY MR. ARSHAD ALI M. HAQUE - ADVOCATE)

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION PURANI CHHAWANI, GWALIOR (MADHYA PRADESH)

.....RESPONDENT (BY MR. KAMLESH KUMAR KORI - PANEL LAWYER)

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

ORDER

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No.401 of 2020 registered at Police Station Purani Chhawani, District Gwalior (M.P.) for the offence under Sections

420, 201 and 34 of IPC.

Allegation against the present applicant is that he cheated an amount of Rs.6,00,000/- of the complainant.

Signature Not Verified Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the applicant is in custody since 06.4.2023. Applicant is ready and willing to deposit entire amount of Rs.6,00,000/- as alleged to be cheated by the applicant. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local sureties in the like amount to the satisfaction of the trial Court/committal Court.

It is made clear that benefit of bail shall be extended to the applicant only on his depositing an amount of Rs.6,00,000/- (Rupees Six Lakh only) with the trial Court/Committal Court. The said amount shall be kept in a fixed deposit in any Nationalized Bank and the same shall not be disbursed without permission of this Court.

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 Signature Not Verified inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit an offence similar to the offence of which he/she is accused;

5) The applicant will not seek unnecessary adjournments during the trial; and

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV)

JUDGE AKS Signature Not Verified