Neelu @ Nilam Jain vs Nitin Atmapujya
2021 Latest Caselaw 5630 MP

                                   1                             MCRC-5250-2020
        The High Court Of Madhya Pradesh
                  MCRC-5250-2020
                (NEELU @ NILAM JAIN Vs NITIN ATMAPUJYA AND OTHERS)


Jabalpur, Dated : 17-09-2021
      Heard through Video Conferencing.

      Mr. Nitin Jain, Advocate for the applicant.
      None for respondent No.1.

Mr. S.K. Malvi, Panel Lawyer for the respondent No.2/State. Heard.

This is the first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

The applicant is apprehending her arrest in Complaint Case RCT No.1839/2011 registered at Police Station Kotwali, District Seoni for the offence punishable under Sections 420, 379, 294, 505 and 34 of the Indian Penal Code.

Learned counsel for the applicant submits that a trial against the co- accused person was conducted in which he had been acquitted, but so far as the applicant is concerned, she had not been issued any notice of the

complaint case and treating her to be absconded, the trial was conducted only against the co-accused person wherein he had been acquitted. He further submits that the applicant had no knowledge about the said case and the trial Court tried the case treating the applicant absconding. He submits that when the applicant came to know about the judgment passed in said complaint case in which she was treated to be absconded then the present application has been filed. He also submits that now the arrest warrant has been issued, therefore, the applicant may be granted the benefit of anticipatory bail.

Though notice to respondent No.1/complainant was issued and counsel on behalf of the said respondent had made appearance in the case, but today nobody has appeared on behalf of respondent No.1.

Learned Panel Lawyer appearing for respondent No.2/State has opposed the prayer of anticipatory bail.

2 MCRC-5250-2020 Considering the arguments advanced by learned counsel for the parties and perusal of documents available on record, I am inclined to consider and allow this application. Therefore, without commenting anything on the merits, the application for anticipatory bail is allowed.

It is directed that in the event of arrest, the applicant be released on bail

upon her furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.

The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified Copy as per rules.

(SANJAY DWIVEDI) JUDGE

Devashish

DEVASHISH MISHRA 2021.09.17 18:36:07 +05'30'