Fayeem Khan @ Sameer Khan vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

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

Applicant has been arrested on 09.09.2021 by Police Station, Kotwali, District Datia in connection with Crime No.428/2021 for the offence punishable under Section 420 of IPC.

As per prosecution case, on 7.9.2021 complainant Riya Gupta filed a written complaint before Police Station Kotwali, District Datia, alleging that eight months before she got an information through Radha Gupta that one lady Nisha Pipariya is running Help-1 Foundation. She met with Nisha Pipariya, who told her that if she will deposit Rs.19,500/- in the Charitable Trust then she will get salary. Accordingly she deposited Rs.19,580/- in the trust and got a bank account opened in AXIX Bank. She got salary Rs.7000/-for first month and Rs.5000/- for second month. Nisha Pipariya used to tell that she resides at Jhansi (UP). Applicant/accused Fayeem Khan and others are her agent through which money is collected. Complainant alleged that after committing forgery the aforesaid Foundation Charitable Trust got money from her. On her written FIR, crime under Section 420 IPC bearing Crime No.428/2021 at Police Station Kotwali, District Datia was registered against Nisha Pipariya and present applicant Fayeem Khan. Applicant/accused and other co-accused persons were arrested.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated. He is not involved directly or indirectly with the alleged crime. The conclusion of trial will take its own time. The applicant undertakes to cooperate in trial and to abide by the conditions which may be imposed by this Court. It is further submitted by the counsel for the applicant that co-accused Smt. Shobha Vaidhya has been enlarged on bail by this Court vide order dated 20/10/2021 passed in MCRC No.48719/2021. The case of the present applicant is identical to that of co-accused Smt. Shobha Vaidhya. Hence, on these grounds, the applicant prays for grant of bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Both the Advocates are heard. Case diary perused.

Looking to the facts and circumstances of the case, this Court is inclined to grant regular bail to the applicant. Therefore, it is directed that if the applicant furnishes bail bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he be released on bail with the condition that the applicant will remain present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.