Suresh vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard and perused the record.

This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail. The applicant is arrested in relation to FIR /Crime No.181/2022, dated (nil) registered at Police Station-Hatod, District-Indore, for the offence under Sections 420 and 409 of IPC. Applicant is in jail since 21.06.2023.

Allegation against the applicant is that he is director of the company which floated residential colony in the name of Autumn Wind in village Hatod, however, neither the developed colony has been handed over nor the sale deed was executed in favour of the complainants after receiving the sale consideration.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. He is director of the said company whereas the sale deed was executed by authorised signatory of the company. As per the prosecution case the complainants Ankit Gupta, Rupam Pal, Bipipn Mahajan, Rajesh Ingle, Badrinarayan Gupta, Priya Vaidya, Pushpa Jhokarkar, Sunil Upadyay, Girish Gupta and Maya Pal had given money to applicant for purchasing plots and due to cheating, this case has been filed against the applicant. Now the complainants have filed their no objection with regard to grant of bail to the applicant. Under these circumstances, counsel prays for grant of bail to the applicant.

Shri Abhishek Raghuwanshi, learned counsel for the complainants submitted that the complainants have filed their no objection in respect of grant of bail to the applicant.

On the other hand, learned Govt. Advocate opposed the prayer and prayed for its rejection.

After hearing learned counsel for the parties and looking to the facts and circumstances of the case, no objections of the complainants and custody period of the applicant, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.