Pratibha vs The State Of Madhya Pradesh
2021 Latest Caselaw 1494 MP

M.Cr.C. No.4864/2021                                                 1



   HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE

                       M.Cr.C. No.4864/2021
   Pratibha W/o Jitendra Prajapati v/s The State of Madhya Pradesh
Indore, dated 22.04.2021
        Shri Sunil Gupta, learned counsel for the applicants.
        Shri Pushyamitra Bhargav, learned Additional Advocate
General for the respondent / State.

With the consent, finally heard.

This is the first application filed by the applicant / accused under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail. The applicant is apprehending her arrest in connection with Crime No.50/2020 registered at Police Station - E.O.W., District - Indore for the offences registered under Sections 409, 420, 465 and 471 of the Indian Penal Code.

Learned counsel for the applicant submits that applicant is a housewife aged about 45 years. The applicant by showing four properties preferred an application for grant of Cash Credit Limit from the concerned Bank namely Punjab National Bank. The bank after due search and after fulfilling the formalities issued the order dated 05.11.2014 and granted Cash Credit Limit of Rs.3,40,00,000/- After almost six years, on 15.12.2020, it is alleged that one of such properties situated at Depalpur was not in fact a commercial property as projected by present applicant indeed it was an agricultural land.

Shri Gupta submits that all the necessary documents etc. are already in the possession of the bank and prosecution. The

applicant may be given anticipatory bail. She will not tamper the evidence or material. She will co-operate with the investigation and provide relevant materials etc. Shri Pushyamitra Bhargav, learned Additional Advocate General raised serious objection. He submits that the offences under Section 409 and 465 of the IPC are clearly made out because of forged documents and conduct of the applicant. The bail application may be rejected.

The Apex Court has laid down broad parameters for the purpose of considering an anticipatory bail application.

The Apex Court in (2011) 1 SCC 694, (Siddharam Sadingappa Mehtre v/s The State of Maharashtra) laid down following parameters for grant of anticipatory bail:-

112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:

(i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

(ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;

(iii) The possibility of the applicant to flee from justice;

(iv) The possibility of the accused's likelihood to repeat similar or other offences;

(v) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her;

(vi) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people;

(vii) The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is

implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution because overimplication in the cases is a matter of common knowledge and concern;

(viii) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;

(ix) The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;

(x) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.

113. Arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case. The court must carefully examine the entire available record and particularly the allegations which have been directly attributed to the accused and these allegations are corroborated by other material and circumstances on record.-

Emphasis supplied:

If the present case is tested on the anvil of the said case, this Court is inclined to grant anticipatory bail to the applicant because (i) applicant is a woman and is a housewife (ii) in this pandemic era no useful purpose would be served in sending the applicant to custody. In other words as held in para - 113 of the said judgment by Apex Court, it cannot be said that sending the applicant to the custody is the last option available. Moreso when applicant undertakes to co-operate with the investigation. The most of the incriminating material is already in possession of the respondent. There is no material to suggest that applicant can

commit similar offence or flee from justice.

Considering the aforesaid, I deem it proper to allow this application. The applicant shall immediately join investigation and co-operate with the investigating agency failing which, it will be open to the agency to file appropriate application seeking cancellation of this order. Accordingly, the application for grant of anticipatory bail is allowed.

In the event of arrest, the applicant - Pratibha W/o Jitendra Prajapati be released on anticipatory bail on her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of arresting officer for her appearance before the Investigating Officer during the course of investigation as and when directed. Conditions of Section 438(2) of the Cr.P.C. shall also apply on the applicants during currency of bail.

With the aforesaid, the application stands disposed of. Certified copy, as per Rules.

(SUJOY PAUL) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2021.04.22 17:18:50 +05'30'