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Madhya Pradesh High Court · body

2012 DIGILAW 983 (MP)

Abrar Khan @ Bablu v. State of M. P.

2012-10-04

S.R.WAGHMARE

body2012
Judgment S.R. Waghmare, J.;- 1. By this application filed under Section 439 of the Cr. P.C. the applicant Abrar Khan @ Bablu has moved the application for grant of bail being implicated in Crime No. 480/2012 registered by police station Sanyogita Ganj, Indore for offence under Section 420 of the IPC and 66/C of the I.T. Act. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Counsel submitted that under identical circumstances, co-accused Aasif, Naved and Tosif have already been granted bail by this Court in M.Cr.C. Nos. 5353/12, 5352 4178/12 and 7087/2012 respectively and co-accused Kalpesh has been granted bail by the trial Court itself. Moreover, Counsel submitted that the complainant Bank Manager herself has turned hostile in Court and has not supported the prosecution case. Counsel prayed for grant of bail on the grounds of parity. 2. Counsel for the respondent State, on the other hand, has opposed the submissions of the Counsel for the applicant and has submitted that the applicant was fully involved in the matter. Counsel submitted that the applicant was a part of the great chain by which the innocent citizens have been cheated in lieu of hard of money. He, however, candidly admitted that co-accused Aasif, Kalpesh, Tosif and Naved have already been released on bail. However, Counsel prayed for dismissal of the application. 3. On considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations and fact that the applicant is in jail since 5/5/2012, I find that the application needs to be allowed on the grounds of parity. The application is, therefore, allowed in the interest of justice. However, stringent condition needs to be imposed. 4. It is ordered that the applicant be released on bail on his furnishing a bail bond for a sum of Rs. 20,000/-(Rupees Twenty Thousand only) with one surety of like amount to the satisfaction of the Trial Court for his appearance on the date as may be directed and also upon depositing cash of Rs. 30,000/- (Rs. Thirty thousand only) within a period of 08 weeks thereafter. In case of default, the applicant shall again be arrested. 5. 20,000/-(Rupees Twenty Thousand only) with one surety of like amount to the satisfaction of the Trial Court for his appearance on the date as may be directed and also upon depositing cash of Rs. 30,000/- (Rs. Thirty thousand only) within a period of 08 weeks thereafter. In case of default, the applicant shall again be arrested. 5. By way of abundant caution, it is further directed that he shall also mark his presence in the concerned police station on the first Sunday of every month between 10.00 a.m. to 12.00 noon during pendency of the trial. Any default in attendance in court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately. 6. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr. P.C. C.c. as per rules.