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Abhishek Singh Harshana vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 17 January 2023 · Citation: (2023) 01 MP CK 0069

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 447, 465, 468 · Code Of Criminal Procedure, 1973 — Section 41A, 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.2603 Of 2023
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Judgment

12 paragraphs · 323 words

Deepak Kumar Agarwal, J

This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 09-01-2023 by Police Station Purani Chhawani, District Gwalior in connection with crime No.437 of 2022 for the offence punishable under Sections 447, 465, 468 and 120-B of IPC.

As per prosecution case, the allegation against the present applicant is that he fraudulently took electric connection. On the basis of aforesaid, the complaint was registered for the offence punishable under Sections 447, 465, 468 and 120-B of IPC against the present applicant/accused. Earlier, the applicant/accused2023.01.18 was released after giving notice under Section 41-A of Cr.P.C.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. Applicant is in custody since 09/01/2023. After investigation, charge-sheet has been filed. Applicant is permanent resident of District Gwalior. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.

Both the Advocates are heard. Case diary perused.

Looking to the facts and circumstances of the case and and the submission made by learned counsel for the applicant, without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.15,000/- along with bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

In case of any default, cash security of Rs.15,000/- shall be forfeited without giving any notice.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.