Laxminarayan vs The State Of Madhya Pradesh
2021 Latest Caselaw 9078 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.62744/2021 (LAXMINARAYAN VS. STATE OF M.P.)

Gwalior, Dated : 21/12/2021

Shri D.R.Sharma, learned counsel for the applicant.

Shri C.P.Singh, learned counsel for the State.

Case diary is available.

This second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. First bail application of the applicant

was dismissed by order dated 25/08/2021 passed in MCRC

No.41593/2021.

The applicant has been arrested on 25/05/2021 in connection

with Crime No.32/2021 registered at Police Station Kotwali Vidisha,

District Vidisha for offence under Sections 420, 406, 409, 467, 468,

201 and 120-B of IPC.

It is submitted by the counsel for the applicant that although

the first bail application of the applicant was dismissed on merits by

order dated 25/08/2021, but the main accused Sachin has been

granted bail by the Supreme Court by order dated 13/12/2021 passed

in CRA No.1617/2021. It is submitted that the allegations against the

applicant are that the amount was misappropriated with the active

connivance of the applicant, who transferred a huge amount in the

account of the main accused Sachin, who was the Manager of

warehouse. Since, co-accused Sachin has already been granted bail,

therefore, the prayer for bail of the applicant may also be considered

THE HIGH COURT OF MADHYA PRADESH MCRC No.62744/2021 (LAXMINARAYAN VS. STATE OF M.P.)

sympathetically because not only he was a Farmer, but had no active

role to play to misappropriate the amount. Although, there are

allegations that by transferring the amount in favour of Sachin, he

actively assisted him to get the amount fraudulently credited in his

account. The Trial is likely to take sufficiently long time and there is

no possibility of his absconding or tampering with the prosecution

case.

Per contra, the application is vehemently opposed by the

counsel for the State.

In view of the fact that co-accused Sachin has been granted

bail by the Supreme Court and the case of the applicant is on slighter

lesser footing as well as the period of detention and without

commenting on the merits of the case, the application is allowed. It is

directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with

one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

THE HIGH COURT OF MADHYA PRADESH MCRC No.62744/2021 (LAXMINARAYAN VS. STATE OF M.P.)

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                 (G.S. Ahluwalia)
Pj'S/-                                                                 Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.12.21
         17:46:18 -08'00'