Manish Kumar Rai vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first application under Section 439 of the Cr.P.C. for grant o f bail. Applicant Manish Kumar Rai was arrested on 03/02/2021 in connection

with Crime No.714/2016 registered at Police Station T.T. Nagar, District Bhopal for the offence punishable under Sections 420, 467, 468, 471 of the

IPC.

As per prosecution case complainant Pankaj Shukla wanted to get a Government job for him. He was in contact with the co-accused Smt. Savita

Sahu and her daughter co-accused Somya Sahu and told them to help him in getting a Government job. Thereupon, they introduced him to applicant

Manish Rai, saying that he would help him in securing a job. Applicant Manish Rai assured him to provide a job in the Indian Railways. Thereafter, co-

accused Smt. Somya Sahu, Smt. Savita Sahu, Ashish Rai and applicant Manish Rai took a sum of Rs.6,00,000/- from him in parts for providing him a

job and thereafter they gave him the appointment letter, which was later found to be forged one. Upon the police report by the complainant, applicant

Manish Rai deposited Rs.25,000/- in cash into his bank account and gave him cheques of the remaining amount, which were dishonoured. Thereupon,

the complainant lodged prosecution against applicant under Section 138 of the Negotiable Instruments Act as well in addition to the police report in the

case.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. It is further submitted that earlier

applicant lodged a report against Shubham Singh, Avinash Singh, Surabhi Singh and other persons regarding committing fraud with the applicant by

them, on which police registered Crime No.525/2013 for the offence punishable under Sections 420, 467, 468, 471 and 34 of IPC and took action

against the said persons. On that, complainant lodged this false report against the applicant. Even complainant Pankaj Shukla also entered into a

compromise with applicant and gave affidavit in his faour. The applicant is in custody since 03/02/2021 and conclusion of trial will take time. Hence, it

is prayed that the applicant be released on bail.

Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case, the contention of learned counsel

for the applicant and the fact that the applicant is in custody since 03/02/2021 and conclusion of trial will take time, without commenting on the merits

of the case the application is allowed and the applicant is directed to be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs.

Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court

on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.