Jitendra @ Ronak vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime

No.144/2019 registered at Police Station Cyber Cell, Indore District Indore (MP) for offence punishable under Sections 419, 420, 120-B, 464 and 468

of the Indian Penal Code, 1860 and also under Section 66-D of the Information Technology Act, 2000.

The applicant is in custody since 12.09.2019.

As per prosecution story, an amount of more than Rs.62,00,000/- (Rupees sixty two lakh) was got deposited from complainant Hari Krishna s/o Late

Ram Shankar Shukla in a fabricated bank account at Delhi in the name of Abhishek Singh by impersonating himself as an Officer of Insurance

Company. Allegation against the applicant is that he on account of premium amount of four insurance policies, got deposited money from the

complainant in the fabricated bank account; and withdrew the money through self cheque and ATM in the name of Varun @ Abhishek @ Inder

Singh.

Learned counsel for the applicant has submitted that the applicant is neither named in the FIR nor in the statement of complainant recorded under

Section 161 of the Code of Criminal Procedure, 1973. The complainant has alleged that from three mobile numbers i.e. 72328 62506, 96545 33934 and

89297 78088 unknown persons called him various time and insisted for depositing premium in various account, but the present applicant has no

concern with these mobile numbers. There is no document available on record to show that these mobile numbers belong to the applicant. The

applicant is implicated in the present crime only on the basis of disclosure statement of co-accused Varun Kumar s/o Chandra Kishore Singh recorded

under Section 27 of the Indian Evidence Act, 1872, which is not legal evidence. Though the prosecution recovered some documents and one mobile

phone from the possession of the applicant, however, they are not concerned with the present crime. There is no document on record to show that the

applicant received any amount from the bank account in which the cheated amount was being deposited. Therefore, there is no iota of evidence

against the applicant to connect him with the present crime. The applicant is in custody since 12.09.2019. The investigation is over; and charge sheet

has been filed. Co-accused-Sumit Kumar @ Deepak has already been granted bail by this Court, vide order dated 07/02/2020 passed in M.Cr.C. No.

2286/2020 and the case of the applicant is similar to him. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned

counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application and prays for its rejection.

Considering the arguments advanced by the learned counsel for the parties, but without commenting on the merits of the case, this Court is of the view

that the applicant is entitled for grant of bail. Accordingly, Miscellaneous Criminal Case No.2286/2020 is allowed. The applicant is directed to be

released on bail upon his furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lacs only) with two solvent sureties of Rs.2,50,000/-

(Rs. Two Lacs and Fifty Thousand only) each [out of which one should be of local surety] to the satisfaction of trial Court, for his regular appearance

before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the

conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.