MANOJ KUMAR GUPTA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-10-46
HIGH COURT OF MADHYA PRADESH
Decided on October 05,2021

MANOJ KUMAR GUPTA Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

ARUN KUMAR SHARMA,J - (1.)This appeal under Sec. 14-A of SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellant being aggrieved by the order dtd. 4/9/2021 passed by Special Judge (SC/ST) Anuppur (M.P.); whereby the applicant filed by the appellant under Sec. 439 of Cr.P.C for grant of bail in Crime No.271/2021 of Police Station Anuppur (M.P.), registered under Ss. 386, 420 and 506 of IPC and Sec. 3/4 of M.P. Protection of Dbtors Act, 1937 and Sec. 3(2)(V) in the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 is rejected.
Appellant is confined in custody since 25/8/2021.

As per prosecution story the complainant purchased the clothes from the appellant' shop and the complainant was not having money so he gave cheque as security and promised to pay the sum after receiving his salary and on one day complainant was sleeping in his house and police took him to the Police Station. The complainant stated in his complainant that the appellant asked him Rs.30,000.00 as interest and to that effect the complainant lodged a complaint against the present appellant.

As per case diary no criminal background of the appellant is available and the complainant namely Pratap Singh and Shivlal Panka appeared in person and submits that they have no objection, if bail is granted to the appellant.

Therefore, looking to all circumstances, without commenting on the merits of the case, the appeal is allowed. The impugned order passed by the trial Court is set-aside and it is directed that the appellant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant shall abide by the conditions as enumerated under Sec. 437(3) of the Cr.P.C.

Consequently, the present criminal appeal stands allowed and disposed of.

Certified copy as per rules.



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