Pramod Rai vs The State Of Madhya Pradesh
2022 Latest Caselaw 1710 MP

Citation : 2022 Latest Caselaw 1710 MP
Judgement Date : 7 February, 2022

Madhya Pradesh High Court

Pramod Rai vs The State Of Madhya Pradesh on 7 February, 2022

Author: Sanjay Dwivedi

                                  1
  IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                BEFORE
                  HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                       ON THE 7th OF FEBRUARY, 2022

                 MISC. CRIMINAL CASE No. 2633 of 2022

        Between:-
        PRAMOD RAI S/O SHRI RADHESHYAM JEE
        RAI, AGED ABOUT 42 YEARS, OCCUPATION:
        AGRICULTURIST R/O JAYANTI COLONY BUS
        STAND SEHORE TEHSIL SEHORE DISTRICT
        SEHORE (M.P) (MADHYA PRADESH)

                                                             .....PETITIONER
        (BY MR. ASHISH SINHA, ADVOCATE )

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        P O L I C E STATION ICCHAWAR DISTRICT
        SEHORE (M.P) (MADHYA PRADESH)

                                                           .....RESPONDENTS
        (BY MR. AKHILENDRA SINGH, GOVERNMENT ADVOCATE )
                     (Heard through Video Conferencing)
      This application coming on for admission this day, the court passed
the following:
                                   ORDER

This is the first application filed under Section 438 of the Code of

Criminal Procedure for grant of anticipatory bail.

The applicant is apprehending his arrest in Crime No.521/2021 registered at Police Station Icchawar, District Sehore, for the offence punishable under Sections 294, 506, 384 of the Indian Penal Code and Section 4 of M.P. Protection of Debtors Act, 1937.

Learned counsel for the applicant submits that the complainant has made an allegation against the applicant saying that in the year 2015, he had taken loan from the applicant and in lieu thereof, he issued a cheque in favour of the applicant which is now being misused by him. Learned counsel for the applicant further submits that earlier offence under Section 138 of the Negotiable Instruments Act was registered against the complainant wherein judgment has also been passed by the trial Court on 15.09.2021 (Annexure-

A/2) whereby the complainant has been convicted. He further submits that apparently there was some dispute between the parties with regard to transaction of money and under such a circumstance, offence only on the basis of complaint made by the complainant in relation to misuse of cheque issued somewhere in the year 2018, cannot be made out against the applicant. On these submissions, he prays that the applicant may be granted the benefit

of anticipatory bail.

On the other hand, learned Government Advocate has opposed the prayer of bail.

Considering the arguments advanced by learned counsel for the parties and on perusal of available documents, I am inclined to enlarge the applicant on anticipatory bail. Therefore, without commenting anything on the merits of the case, this application is allowed.

It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the Station House Officer/Arresting Officer of the Police Station concerned.

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

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 or 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 she is accused;