High CourtsSingle Bench

Deepak Shrivastava vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 12 March 2020 · Citation: (2020) 03 MP CK 0059

HON’BLE JUDGES
Anand Pathak, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 409, 420, 467, 468, 471
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 7269 Of 2020
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Judgment

33 paragraphs · 320 words

The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 20.12.2019

in connection with Crime No.45/2015 registered at Police Station, Kumbhraj, District Guna, for the offence punishable under Sections 420, 467, 468,

471 and 409 of IPC. First application has been dismissed as withdrawn.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since

20.12.2019, whereas charge-sheet has already been filed. Matter mainly revolves around documentary evidence, and therefore, chance of tampering

with evidence/witness is remote. It is further submitted that applicant has no criminal record and prime accused is Vivek Sood who was instrumental

in transfer of amounts from different accounts of account holders of bank of India. Confinement amounts to pretrial detention. He undertakes to

cooperate in trial and would not be a source of embarrassment/harassment to the complainant party in any manner. He undertakes to perform

community service to purge his misdeeds, if any.

Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of the application.

Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the

application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One

Lac Only) with two solvent sureties of the like amount to the satisfaction of Trial Court concerned.

This order will remain operative subject to compliance of the following conditions by the applicant:-

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Certified copy as per rules.