High CourtsSingle Bench(2021) 04 MP CK 0041

Saurabh Jain vs State Of MP

Madhya Pradesh High Court · Decided on 9 April 2021

HON’BLE JUDGES
G.S. Ahluwalia, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Petition No. 18872 Of 2021

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Judgment

11 paragraphs · 274 words

G.S. Ahluwalia, J

Heard on I.A. No. 11642/2021. This is an application under Section 301(2) of the CrPC seeking permission to assist the Public Prosecutor.

For the reasons mentioned in the application, the same is allowed. Shri Kamlesh Kumar Kori, Advocate is permitted to assist the Public Prosecutor.

Case Diary is available.

This is second application filed under Section 439 of Cr.P.C. for grant of bail. First application of the applicant was dismissed as withdrawn by order dated 26.02.2021 passed in M.Cr.C. No. 11128/2021.

The applicant has been arrested on 28.12.2020 in connection with Crime No.316/2020 registered by Police Station Indarganj District Gwalior for offence punishable under Sections 420, 294, 506, 34, 467, 468, 471 of IPC.

It is submitted by the counsel for the applicant that in fact, the applicant is also a victim of fraud played by Satyapal Singh Jadon. He himself had filed an application in Jansunwai on 01.09.2020.

However, no action was taken.

Per contra, it is submitted by the counsel for the State as well as the complainant that it was the applicant, who had persuaded the complainant to invest their money in a mine of the co-accused Satyapal Singh Jadon. Satyapal Singh Jadon also misrepresented to the complainant that he is having a mine. Only on the assurance given by the applicant as well as Satyapal Singh Jadon, the complainant invested his money. Later on, it was found that Satyapal Singh Jadon had no mine at all.

Considering the allegations made against the applicant, this Court is of the considered opinion that no case is made out for grant of bail.

The application fails and is hereby dismissed.