Durgesh Bisen vs The State Of Madhya Pradesh
2022 Latest Caselaw 5513 MP

                                                                           1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                        BEFORE
                                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                  ON THE 18th OF APRIL, 2022

                                                      MISC. CRIMINAL CASE No. 15840 of 2022

                                              Between:-
                                              DURGESH BISEN S/O SHRI TANSEN BISEN , AGED
                                              ABOUT 39 YEARS, OCCUPATION: PRIVATE JOB R/O
                                              BEHIND CHOURASIYA PIPE FACTORY BICHHIYAN
                                              MANDLA M.P. (MADHYA PRADESH)

                                                                                                        .....PETITIONER
                                              (BY SHRI S.N.VISHWAKARMA, ADVOCATE)

                                              AND

                                              THE STATE OF MADHYA PRADESH THROUGH
                                              ECONOMIC OFFENCE WING BHOPAL M.P.
                                              BHOPAL M.P. (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                              (BY SHRI MADHUR SHUKLA, ADVOCATE )

                                           This application coming on for admission this day, the court passed the
                                     following:
                                                                            ORDER

This is the first application under Section 438 of Cr.P.C. filed by the

applicant for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.13/2020 registered at Police Station Economic Offence Wing, Bhopal for the offence punishable under Sections 409, 420, 120-b of Indian Penal Code and Section 13(1) C, 13(2) of Anti Corruption Act and Section 7(C), 13(1)A, 13(2) of Anti Corruption Amendment Act.

It is submitted that the applicant is innocent and has falsely been implicated in the case and he has not committed any offence in any manner. It is submitted that the applicant has cooperated in the investigation. He was initially enlarged on bail by the Economic Offence Wing and thereafter he could not keep himself present before the Trial Court and the bailable warrant of arrest was issued owing

Signature Not Verified to the fact that he was not well, thereafter arrest warrant has been issued against SAN

him. The Trial Court has rejected the application on this ground. It is not disputed Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.19 16:47:09 IST

by the State counsel that he has cooperated in the investigation as and when

required by the Authorities. It is submitted that the applicant is a first offender. He has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs Central Bureau Of Investigation S.L.P (Criminal) No.5191/2021 decided on 07.10.2021 wherein, Hon'ble Supreme Court

considered the category and types of offences and also placed reliance upon the judgment passed in the case of Siddharth vs. State of Uttar Pradesh & Anr. (Criminal Appeal No.838/2021), (2021 SCC Online SC 615). He is ready to abide by all the terms and conditions that may be imposed by this Court while granting anticipatory bail. On these grounds, he prays for granting of anticipatory bail to the applicant.

P er contra, counsel appearing for the State has vehemently opposed the application stating that there is active participation of the present applicant in the commission of offence, but he could not dispute the fact that the applicant has cooperated in the investigation.

Heard the learned counsel for the parties and perused the case diary. Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this Court deems it appropriate to allow this application for grant of anticipatory bail. In the event of arrest, the applicant is directed to be released on bail on furnishing a surety bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one local solvent surety in the like amount to the satisfaction of Arresting Officer.

The applicant is directed to mark his presence before the concerning Police S t a t io n in first week of every month and is directed to cooperate in investigation. In case of failure to cooperate, the bail granted by this Court shall stand rejected automatically.

This order will remain operative subject to compliance of the following conditions by the applicant :-

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

Signature Not Verified SAN 2. The applicant/s will cooperate in the investigation/trial, as the case may Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.19 16:47:09 IST be;

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

4. The applicant/s shall not involve in any other offence, in case the applicant/s indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant/s will not seek unnecessary adjournments during the trial;

6. The applicant/s will not leave India without previous permission of the

trial Court/Investigating Officer, as the case may be.

7. The applicant/s will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.19 16:47:09 IST