Madhya Pradesh High Court
Moh. Sajid vs The State Of Madhya Pradesh on 17 April, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:10163
1 MCRC-10408-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 17th OF APRIL, 2025
MISC. CRIMINAL CASE No. 10408 of 2025
MOH. SAJID
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Neeraj Kumar Soni - Advocate for the applicant.
Shri Kamal Kumar Tiwari - Govt. Advocate for the respondent / State.
ORDER
This first bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has been filed
by the applicant Moh. Sajid S/o Mohd. Siddique for grant of regular bail,
who has been arrested on 03/05/2024 in connection with Crime No.149/2024
registered at Police Station M.G.Road, District Indore (M.P.) for commission
of offences under Section 420, 467, 468, 471, 474, 120-B, 34 and 409 of
Indian Penal Code, 1860.
2. As per prosecution case, complainant Sub-Inspector Narendra Singh
Jadon investigated the offence under Crime No. 134/2024, under Sections
420, 467, 468, 471, 474, 120B & 34 of IPC and during investigation, he
seized the documents from the Assistant Account Officer of Municipal
Corporation Indore on 21/04/2024, in which he found the offence against the
applicant and other co-accused under Section 420, 467, 468, 471, 474, 120B
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 4/21/2025
12:38:55 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:10163
2 MCRC-10408-2025
& 34 of IPC has been registered.
3. Further, substantial allegation against the applicant according to FIR
is that the applicant alongwith officers of the Indore Municipal Corporation,
prepared the fake work order No.121 dated 02/07/2018 and work order
No.312 dated 06/08/2018 and received Rs.2,41,00,500/- from the revenue of
Indore Municipal Corporation in his Account. Therefore, FIR as aforesaid
has been registered against him.
4. Learned counsel for the applicant submits that the applicant is
innocent and has falsely been implicated in the crime. Sufficient evidence is
not available on record to establish the complicity of the accused with the
alleged crime. It is submitted that he was paid an amount of Rs.1,18,49,445/-
for the work done by him. He further submits that applicant in similar facts
and background has been granted bail vide order dated 11/03/2025 passed in
M.Cr.C.No.51233/2024 and order dated 08/04/2025 passed in
M.Cr.C.No.10613/2025. Investigation is complete and charge sheet has been
filed. Applicant is suffering jail incarceration since 03/05/2024. There is no
likelihood of his absconsion leaving his family, home and profession and
also there is no likelihood of tampering with evidence by applicant. Final
conclusion of the trial will take considerable long time, therefore, learned
counsel prays for allowing the bail application and for grant of bail.
5. Per contra, learned counsel for the respondent / State has
vehemently opposed the prayer and prays for dismissal of the bail application
on the ground that applicant is beneficiary of the fraud committed upon
Municipal Corporation meant for serving the citizens of city. He further
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 4/21/2025
12:38:55 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:10163
3 MCRC-10408-2025
submits that one more case at Crime No.100/2025 at Police Station
M.G.Road, Indore for the similar offence has been registered, wherein
allegation against the applicant is that he has received Rs.11 Crores in his
account. On these contentions, learned counsel prays for dismissal of the bail
application.
6. In reply, learned counsel for the applicant submits that mere filing
of another FIR may not be any hinderance in getting relief on the facts of the
present case as applicant is already suffering jail incarceration since
03/05/2024 and has been granted bail on the similar allegations.
7. Heard learned counsel for the parties and perused the case diary.
8. In the aforesaid factual backdrop, when investigation is complete
and no further custodial interrogation of the applicant is required and also
looking to the fact that in the cases of similar allegations applicant has been
enlarged on bail coupled with the period of custody, this Court is inclined to
grant benefit of bail to the applicant on the same terms and conditions as has
been imposed in other bail orders. Accordingly, without commenting on the
merits of the case, the bail application is allowed.
9 . It is directed that subject to deposit 50% of Rs.1,18,49,445/- i.e.
Rs.59,24,723/- before the trial Court, the applicant be released on bail upon
his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with separate solvent surety in the like amount to the
satisfaction of the trial Court, for his regular appearance before the concerned
Court on all the dates fixed by the said Court, without any default, during
trial. He shall abide by all the conditions enumerated under Section 480(3) of
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 4/21/2025
12:38:55 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:10163
4 MCRC-10408-2025
BNSS.
10. The applicant will not indulge himself in any criminal activity in
future. This order shall be effective till the end of the trial, however, in case
of bail jump and / or breach of any of the conditions of bail, the prosecution
will be at liberty to move appropriate application for cancellation of bail.
11. The concerned Court shall get the conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety.
12. Accordingly, this M.Cr.C. stands allowed and disposed off.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 4/21/2025
12:38:55 PM
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