High CourtsSingle Bench

Sushant Kumar vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 July 2021 · Citation: (2021) 07 MP CK 0070

HON’BLE JUDGES
Rajendra Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 120B, 201, 403, 406, 411, 413, 419, 420, 467, 468 · Information Technology Act, 2000 — Section 66B, 66D
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.32913 Of 2021
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Judgment

20 paragraphs · 406 words

Rajendra Kumar Verma, J

This is the first application filed by the applicant/accused Sushant Kumar under Section 439 of Cr.P.C for grant of bail in connection with Crime No.

400/2021 registered at Police Station Kotwali, District Balaghat (M.P.) for offences punishable under Sections 413, 419, 420, 467, 468, 403, 406, 411,

120-B and 201 of I.P.C. and Sections 66B and 66D of I.T. Act.

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

applicant is a student of B.Com. III year and has been made accused only on the basis of the memorandum of co-accused. No incriminating material

has been seized from the possession of the applicant and the offences punishable under Sections 467, 468 and 411 of I.P.C. has not been made out

against the present applicant. The applicant is in custody since 20.06.2021. On these grounds, prayer is made to enlarge the applicant on bail.

Per contra, learned Government Advocate opposes the bail application and prays for its rejection.

Keeping in view the entire facts and circumstances of the case, this Court is of the considered view that the applicant may be enlarged on bail.

Hence, without commenting on the merits of the matter, the application i s allowed. The applicant is directed to be released on bail upon his furnishing

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 concerned

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.

It is directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government with regard to 'COVID-19' before releasing the applicant. This order shall remain effective till the end of the trial but in case of bail

jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

The applicant shall appear before the concerned police station on every Sunday between 10:00 A.M. to 02:00 P.M. till the charge-sheet is filed and he

shall cooperate in the investigation of the matter.

Certified copy as per rules.