IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT JABALPUR

M.Cr.C.No. of 2010

Appellant (In jail): Dharmendra Soni, S/o Shri Mangeram

Soni, aged about 29 years, R/o House
No. RZ-5 Heera Park, Najafgarh, New
Delhi-43.

Versus

Respondent:: State of Madhya Pradesh through

Central Investigation Department,
Cyber Cell, Bhopal, Madhya Pradesh.

APPLICATION UNDER SECTION 439 OF THE CODE

OF CRIMINAL PROCEDURE, 1973

Particulars of Crime Particulars of Impugned order

Crime No. 12/2010 Bail Application 4024/2010
No.:
Police C I D, Cyber Name of the Shri Shailendra
Station: Judge : Shukla.
Cell, Bhopal,
M. P.
Offence u/s: 420, 34 of IPC Designation of Fourth Additional
Court Session Judge,
and 68C, 68D of
Bhopal.
IT Act.
Place : Bhopal
Date of /2010. Date of Order : 23/11/2010.
Arrest:

The applicant named above respectfully begs to

submit as under:
1) That, this is first bail application of the applicant
before this Hon’ble High Court.
Particulars of Earlier Application (s)

2. There is no other application under section 439 of

the Code of Criminal Procedure for bail of the
applicant is pending before or decided by the
Supreme Court, any High Court or any Court
Subordinate to a High Court, the particulars thereof.

3. There is no other accused person in this case.

Name of the Date of Institution Date of the Name of the

Accused Applicatio Number Order Judge(s)
n if known

4) (In subsequent bail applications)

(a) A certified copy of the order passed by the
Learned third additional Session Judge in bail
application no. 4024/2010 vide order dated
23/11/2010 is annexed as Annexure A/1.

5) Facts of the case in brief:

5.1 That, the applicant is an educated person and earns

his livelihood only by conducting Coaching classes.
The applicant is an acute heart patient and suffered
two heart attacks. Copies of his medical treatment
are being filed here with as Annexure A-2.
5.2 That, applicant is falsely implicated in tempering
with ATM machine and withdrawing Rs. 35,000/- of
the complainant from ATM at TT Nagar Bhopal.
That, this present bail application is presented
before this Hon’ble Court with the following grounds
amongst other-
6) Grounds, numbered serially:

6.1 That, the applicant is falsely implicated in this case

because the evidence against applicant is only
video footage by which the police authorities
confiscated him in this instant case. But this is
admitted fact that, the applicant went to ATM for
withdraw of his own money from his own account
so this evidence is not the sufficient to confiscate
him in this case.
6.2 That, the applicant is a young man and have never
ever been convicted or prosecuted in any criminal
case and earns his livelihood only by running
coaching classes and sole bread earner of the
family consisting of wife and two children.
6.3 That, it is true that, the applicant went to ATM to
withdraw his money but did not withdraw money
from the account of the complainant and video
footage is only the proof if withdrawal of money
from his own account.
6.4 That, the applicant never knows any technique of
withdrawal of money by tempering ATM but the
police has obtained admission of the applicant by
applying physical force and threatening him in
various ways.
6.5 That the applicant is an acute heart patient and
suffered two attacks already and deserves physical
checkup and due care and nursing by keeping him
in homely atmosphere to cheer him up to free from
anxieties.
6.6 That, the applicant is the only bread butter earner
of the family and his whole family are totally
depending upon him.
 6.7 That, the investigation is completed so there is no
chance to manipulate the investigation will be
affected if the applicant will be enlarged on bail.

7) That the applicant is permanent resident of House

No. RZ-5 Heera Park, Najafgarh, New Delhi-43,
Madhya Pradesh. So that, there is no likelihood of
their absconding or misusing their liberty if enlarged
on bail.

8) That the applicant is ready to furnish adequate

surety and shall abide by all the directions and
conditions which may be imposed by the Court.

PRAYER
It is therefore, prayed that the Court may kindly be
pleased to order that the accused be enlarged on bail.

PLACE: JABALPUR AMIT SINGH

DATED: 16/12/2010 ADVOCATE FOR APPLICANT
 IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
M.Cr.C. No. of 2010

Applicant: - Dharmendra Soni

Versus

Respondent: State of M.P.

INDEX

S.No. Description of documents Annex Page

No.
.
1. Index
2. Application u/s 439 of Code
of Criminal Procedure,1973
4. List of Documents
5. Certified copy of the order of A/1
the lower court passed u/s
439 of Code of Criminal
Procedure, 1973
6. Copies of medical treatment A/2
7. Vakalatnama

JABALPUR (AMIT SINGH)

DATED: 16/12/2010 ADVOCATE FOR THE APPELLANT
 IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
M.Cr.C. No. of 2010

Applicant: - Dharmendra Soni

Versus

Respondent: State of M.P.

LIST OF DOCUMETS

S.No. Description of documents Annex Page

No.
.
1. Certified copy of the order of A/1
the lower court passed u/s
439 of Code of Criminal
Procedure, 1973
2. Copies of medical treatment A/2
3. Vakalatnama

JABALPUR (AMIT SINGH)

DATED: 16/12/2010 ADVOCATE FOR THE APPELLANT