Nikunj vs The State Of Madhya Pradesh
2021 Latest Caselaw 5138 MP

1                                                             M.Cr.C. No.42219/2021


HIGH COURT OF MADHYA PRADESH

                        M.Cr.C. No.42219/2021
                      Nikunj & Ors. Vs. State of MP
Indore, Dated:07.09.2021

      Shri. Ashish Gupta, learned counsel for applicants.

      Shri Yash Tiwari, learned counsel for respondent/State.

With the consent heard finally.

This is the first application filed by the applicants/accused under Section 438 of Cr.P.C for grant of anticipatory bail. The applicants are apprehending their arrest in connection with Crime No.43/2017 registered at Police Station, Economic Offence Wing, Distt. Indore for the offences registered under Section 420, 120-B of IPC.

Learned counsel for applicants submits that an FIR was lodged in the year 2017. The respondents themselves granted bail to the applicants. Applicants are co-operating with the investigation. There is no iota of material to show that applicants have influenced evidence or tampered the material. At the stage when charge sheet is filed, the applicants are apprehending arrest and, therefore, filed application for anticipatory bail before the court below which has been dismissed. By placing reliance on the judgment of Supreme Court in Cr.A. No.838/2021 Siddharth Vs. State of UP & another, Shri Gupta submits that merely because challan is filed, applicants should not be arrested.

This Court on 3/9/2021 directed the respondent's counsel to seek instructions whether applicants have co-operated during investigation and it is necessary to arrest them at the stage of filing of challan. Shri Yash Tiwari, learned counsel for respondent appeared today and after obtaining instructions

apprised the Court that applicant indeed co-operated in the investigation. Thus, in the light of judgment of Supreme Court in Siddharth (supra) and the fact that applicants have co- operated with the investigation, I deem it proper to grant them anticipatory bail. Hence, this application for grant of anticipatory bail is allowed.

Accordingly, in the event of arrest, the applicants Nikunj, Rammani, Radheshyam and Tarun be released on anticipatory bail on each of them furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) along with one separate surety in the like amount to the satisfaction of arresting officer for their appearance before the Investigating Officer during the course of investigation as and when directed. Conditions of Section 438(2) Cr.P.C shall also apply on the applicants during currency of bail.

c.c as per rules.

(SUJOY PAUL) Judge

vm

Digitally signed by VARGHESE MATHEW Date: 2021.09.07 17:29:13 -07'00'