Anand Mishra vs The State Of Madhya Pradesh
2021 Latest Caselaw 6342 MP

                                                                    1                            MCRC-40847-2021
                                          The High Court Of Madhya Pradesh
                                                    MCRC-40847-2021
                                                   (ANAND MISHRA Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 04-10-2021
                                        Heard through Video Conferencing.

                                        Shri Anil Khare, learned Senior Counsel with Ms. Tanvi Khare, learned
                                  counsel for the applicant.
                                        Shri Satyam Agrawal, learned counsel for the respondent/Lokayukts.

Heard with the aid of case diary.

This is the first application under Section 438 of the Cr.P.C. for grant of bail. Applicant Anand Mishra apprehends his arrest in connection with Crime No.140/2013 registered at Special Police Establishment, Lokayukta Office, Jabalpur for the offence punishable under Sections 7, 13(1)(d), 13(1)

(a), 13(2) of the Prevention of Corruption Act.

As per the prosecution story, on 19/05/2013 complainant Dharamdas Bhalekar, who was posted as Hostel Superintendent, Government Pre-Metric Scheduled Caste Boys Hostel, Lalbarra lodged a written report before Superintendent of Police, Lokayukt, Jabalpur alleging that the applicant

Anand Mishra, (Assistant Commissioner, Triable Welfare Department, Balaghat) is pressurizing him to withdraw an amount of Rs.50,000/- towards the maintenance of hostel without the maintenance work being done and give to him. On the basis of said complaint, Lokayukta Officials arrange a trap and after the trap, a criminal case (Crime No.140/2013) has been registered against the applicant and co-accused Prakashraj Palewar for the offences punishable under Sections 1, 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988. Thus, the applicant is apprehending his arrest in the crime.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The alleged offence was registered in the year 2013 and Lokayukta filed charge- sheet in the year 2021 and during that period applicant fully cooperate in the Signature Not Verified SAN investigation. At present the charge-sheet has been filed, so custodial Digitally signed by ANURAG SONI Date: 2021.10.05 16:37:51 IST 2 MCRC-40847-2021 interrogation of the applicant is not required. The applicant is a Government servant. Coordinate Bench of this Court vide order dated 01/10/2013 passed in M.Cr.C.No.12589/2013 granted anticipatory bail to co-accused Prakashraj Palewar, so on the ground of parity also the applicant is entitled for grant of anticipatory bail. The applicant is ready to cooperate in the trial. On the

strength of aforesaid submissions, it is prayed that the applicant be released on anticipatory bail. In support of his contention learned counsel placed reliance on the judgments passed by Hon’ble Apex Court in the cases of Aman Preet Singh Vs. C.B.I. through Director, passed in Criminal Appeal No.929/2021, Satender Kumar Antil Vs. Central Bureau of Investigation & Another passed in Special Leave to Appeal (Cri.) No.5191/2021 and Siddharth Vs. The State of Uttar Pradesh & Another passed in Criminal Appeal No.838/2021.

On the other hand learned counsel for the respondent/Lokayukta opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the crime, so he should not be released on anticipatory bail.

Looking to the facts and circumstances of the case and the fact that co-accused Prakashraj Palewar has already been enlarged on anticipatory bail by the Coordinate Bench of this Court vide order dated 01/10/2013 passed in M.Cr.C.No.12589/2013, so maintaining the parity without expressing any view on the merits, this application is allowed. It is directed that in the event of arrest of applicant by the Police in the aforesaid crime, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for his regular appearance before the Police during the investigation or before the Court during trial.

This order will remain operative subject to compliance of the following

Signature Not Verified SAN conditions by the applicant :-

Digitally signed by ANURAG SONI Date: 2021.10.05 16:37:51 IST 3 MCRC-40847-2021

1.The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3.The applicant will not indulge himself in extending inducement, threat o r promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the

trial; and

6. The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.10.05 16:37:51 IST