Criminal Case No. 43222 of 2023 · Madhya Pradesh High Court

VINOD KUMAR SHAKYA S/O SHRI RAMJILAL SHAKYA, AGED ABOUT 38 YEARS, R/O TRANSPORT NAGAR KE SAMNE MOTIJHEEL, GWALIOR (MADHYA PRADESH). (BY SHRI ABHISHEK PARASHAR - ADVOCATE) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION JHANSI ROAD/CBI DISTRICT GWALIOR (MADHYA PRADESH). .....APPLICANT (BY SHRI SUSHIL CHATURVEDI - ADVOCATE) This application coming on for admission this day, Justice Rohit Arya .....RESPONDENT passed the following: ORDER This is fourth bail application under Section 439 Cr.P.C. filed on behalf of the applicant.

#2. The applicant is in custody since 15.09.2023 in connection with Criminal Case registered against the applicant at Crime No.392/2014 under Sections 419 read with Section 120B, 420 read with Section 120B, 467 read with Section 120B, 468 read with Section 120B, 471 read with Section 120B of IPC and Section 3D/14 of Madhya Pradesh Manyata Prapt Pariksha Adhiniyam read with Section 120B of IPC.

#3. It is a case of bail jump. 2

#4. The applicant was enlarged on bail by this Court vide order dt.03.08.2016 passed in MCRC No.2954/2016 in the aforesaid criminal case registered against the applicant. Though the applicant attended the proceedings before the Trial Court regularly, however, due to ignorance or inadvertence applicant remained absent on 08.07.2023 which resulted into cancellation of bail bond and issuance of arrest warrant. Consequently, he could be arrested as late as on 15.09.2023.

#5. Learned counsel for the applicant submits that applicant could not appear on 08.07.2023 before the Court below. He is in custody since

15.09.2023. It is submitted that his absence on the said date, being bona fide, is liable to be condoned. He assures that now if released on bail he shall abide by the conditions and there is no possibility of his fleeing from justice.

#6. Per contra, Shri Sushil Chaturvedi, learned counsel for the respondent/CBI, opposes the bail application supporting the order impugned .

#7. Upon hearing learned counsel for the rival parties but without commenting upon the rival contentions touching merits of the case, regard being had to the fact that the default of absence occurred on 15.09.2023 and thereafter applicant has suffered more than one month's incarceration, this Court is of the view that applicant may be enlarged on bail.

#8. Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the learned trial Court and on the condition that he 3 shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973. Certified copy as per rules. (ROHIT ARYA) JUDGE SP SANJEEV KUMAR PHANSE 12:06:50 +05'30' (AVANINDRA KUMAR SINGH) JUDGE