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2023 Supreme(Online)(MP) 24945

HIGH COURT OF MADHYA PRADESH
Naushad Ali – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 24586/2023



Advocates:
Sanjay Sharma,Advocate General

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT st ON THE 1 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 24586 of 2023 BETWEEN:-

NAUSHAD ALI S/O SHRI MOHD. MEHTAB ALI, AGED ABOUT 19 YEARS, OCCUPATION: LABOUR R/O J- 7 CAMP - 1 18 NUMBER ROAD BHILAI VAISHALI NAGAR DISTRICT DURG (CHHATTISGARH)

.....APPLICANT (BY SHRI SANJAY SHARMA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH P.S. KHAIRLANJI DISTRICT BALAGHAT (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PROMOD CHOUBEY - GOVT. ADVOCATE)

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

ORDER

This is first application filed under Section 439 of Cr.P.C by applicant/accused for grant of regular bail relating to FIR No.81/2023, registered at Police Station-Khairlanji, District-Balaghat (M.P.) for the offences punishable under Sections 420, 467, 468, 34 of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that applicant has received some money in his account. For keeping the money in his account, he was paid commission. Later on, money has been transferred. It is submitted that applicant is innocent and has falsely been implicated in the case. In these Signature Not Verified circumstances, applicant may be enlarged on bail.

3 . Learned Govt. Advocate appearing for the State opposed the application for grant of bail. It is submitted that one more case of cheating has been registered against applicant and an amount of Rs.2 Lacs has been transferred in his account. In these circumstances, evidence is available against applicant for his involvement in crime.

4. At this stage, counsel appearing for applicant submitted that applicant is ready to deposit Rs.2 Lacs under protest. 5. Heard the learned counsel for the parties.

6. Applicant is ready to deposit an amount of Rs.2 Lacs under Protest.

7 . Considering aforesaid circumstances, bail application filed by the applicant is allowed on condition that:

(i) Applicant shall deposit an amount of Rs.2 Lacs before trial Court.

Amount deposited will be kept in form of FDR and will be subject to final judgment which will be passed by the trial court.

8. It is also directed that on deposit of defalcated amount in connection with the aforesaid crime number and the offences, applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only)

with one solvent surety of the like amount to the satisfaction of the trial Court.

9. The applicant will further abide by the conditions enumerated in sub-

section 437(3) of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT)

JUDGE nd Signature Not Verified

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