Ravikant Khare vs The State Of Madhya Pradesh
2021 Latest Caselaw 5458 MP

                                   1                             MCRC-41267-2021
         The High Court Of Madhya Pradesh
                   MCRC-41267-2021
                  (RAVIKANT KHARE Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 15-09-2021
        Heard through Video Conferencing.
        Shri R. S. Khare, Advocate for the applicant.
    Shri Vinay Kumar Sharma, P.L. for the respondent/State.

Heard.

This is Second application filed by the applicant / accused under section

438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 437/12 registered at Police Station - University now Police Station Saman, District - Rewa (MP), for the offences under sections 420, 467, 468, 471 and 120-B of I.P.C. Earlier application being M.Cr.C.No.19179/15 was dismissed vide order dated 15.3.2016. It is alleged that the applicant along with other co-accused persons had fraudulently taken Rs.5 lacs from the complainant and other persons total 20 candidates to get them job in Group D and Group C in Eastern Railway and also issued forged appointment letters to them.

It is submitted that after rejection of the first application, the circumstances have been changed and the trial came to an end with the acquittal of other co-accused persons vide its judgment dated 20.6.2018 in ST No.190/2016 and the material witnesses have not supported the prosecution story. Further submits that in the light of Imratlal Vishwakarma and others Vs. State of M.P. & others (1996 MPLJ

662), second bail application under Section 438 of Cr.P.C. is maintainable. Therefore, under the changed circumstances, prayed for grant of anticipatory bail.

Under these circumstances, formal arrest of the applicant for the purpose of investigation is not needed. Hence, this application is allowed and it is ordered that if the applicant-accused Ravikant Khare surrenders before the 2 MCRC-41267-2021 Arresting Authority / Investigating Officer in relation to the aforesaid crime number within 15 days from today and if he is arrested by the Investigating officer, he shall be released on bail on his furnishing a bail bond and surety bond each for a sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the satisfaction of the arresting authority. If he failed to do so, the effect of this order shall be vacated automatically.

The applicant-accused is directed to join the investigation immediately and fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

Certified copy / e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

JP

Signature Not Verified SAN

Digitally signed by JITENDRA KUMAR PAROUHA Date: 2021.09.16 10:42:26 IST