Kishanlal vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No. 273/2020 registered at Police Station - Nawgaon, Dhar (M.P.) under Sections 409, 420, 467, 468, 471, 120-B & 34 of IPC and Section 4 & 6/1 of M.P. Nishpekshon Ke Hiton Ka Sanrakshan Adhiniyam.

It is submitted that similarly situated co-accused persons namely, Dinesh, Deepak Gehlot and Dinesh Nayak have already been granted bail by this Court. The applicant is a Director of Sun Shine Hightech Infracon Ltd. It is alleged that the said company had invited huge investment from the beneficiaries and thereafter the amount has been siphoned and the company has been closed.

It is submitted that the applicant has not played any role in the aforesaid transactions. He had already resigned from the post of Director in the year 2017. The main allegation is against Director Ramesh Chandra, who had signed the policies. No amount has been received by the applicant in his personal account. The applicant is in jail since 06.09.2021, the investigation has been completed and the charge-sheet has been filed.

Counsel for the State opposes the prayer for grant of bail, however, could not dispute that similarly situated co-accused persons have already been granted bail by this Court.

Taking into consideration that the allegation against the present applicant is identical to the allegations against co-accused persons Dinesh, Deepak Gehlot and Dinesh Naik, who have already been granted bail by this Court, the investigation has already been completed, the charge-sheet has been filed and no further custodial interrogation is required, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.