Gaurav Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 7779 MP

                                 1                            MCRC-57390-2021
        The High Court Of Madhya Pradesh
                MCRC No. 57390 of 2021
                (GAURAV SHARMA Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 24-11-2021
      Shri APS Sisodiya, learned counsel for the applicant.
      Smt. Abha Mishra, learned Public Prosecutor for the respondent-State.

The applicant has filed this third application under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant apprehend his arrest in connection with Crime No.262/2021 registered at Police Station University,

District Gwalior (M.P.) in relation to the offence punishable under Sections 420 and 409 of the IPC.

It is submitted by learned counsel for the applicant- Gaurav S harma that this is the third bail application of the applicant. Earlier applications were dismissed as withdrawn by this Court. It is further submitted that this third anticipatory bail application is maintainable as per order passed by this Court in the case of Balveer Singh Bundela vs. State of M.P. [ILR (2020) MP 1216]. It is further submitted that in the light of the judgments passed by the Supreme Court in the cases of Gurbaksh Singh

Sibbia etc. Vs. The State of Punjab:[AIR 1980 SC 1632], Sushila Aggarwal and Ors. Vs. State (NCT of Delhi) & Anr. [SLP (Criminal) Nos.7281-7282/2017 passed on 29-01-2020], Bharat Chaudhary & Anr. Vs. State of Bihar & Anr.:[(2003) 8 SCC 77] and Ravindra Saxena Vs. State of Rajasthan:[(2010) 1 SCC 684], the present applicant is entitled to get benefit of anticipatory bail. It is further submitted that the applicant is the employee of the company and he has credited all the amount received into the account of the company. Trial will take its o w n time. Applicant is ready to abide by any condition which may be imposed by this Court. Hence, learned counsel prayed for grant of anticipatory bail to the applicant.

Learned State counsel has vehemently opposed the application and 2 MCRC-57390-2021 submitted that offence is registered Sections 420 and 409 of the IPC wherein around 6-7 lakh has been collected by the present applicant along-with the other co-accused of this case. There is no new ground under which this third anticipatory bail application could be considered. Hence, prayed to reject this anticipatory bail application of the applicant.

Heard learned counsel for the parties at length and considered the

arguments advanced by them and perused the case diary.

On perusal of the record it is apparent that the case is registered under Sections 420 and 409 of IPC against the present applicant and other co- accused Ku. Priya Sullere has been granted bail by this Court vide order dated 7/7/2021 passed in M.Cr.C.No.32621/2021 only considering the fact that she is a lady aged around 24 years. Therefore, considering the nature and gravity of offence along-with the facts and circumstances of the case, this Court is not inclined to grant bail to the present applicant. Hence, this repeat third anticipatory bail application is hereby rejected.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn* PAWAN KUMAR 2021.11.24 17:39:57 +05'30'