Mukesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 929 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-608-2022 Mukesh Vs. State of MP

Through video conferencing

Gwalior, Dated : 19.01.2022

Shri Vibhor Kumar Sahu, Counsel for the applicant.

Shri Naval Kishore Gupta, Counsel for the State.

Case diary is available.

This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No.387/2020 registered at Police Station Kotwali Distt. Ashoknagar

for offence under Section(s) 406 of IPC.

It is submitted by the Counsel for the applicant, that according

to the prosecution case, the applicant was working on the post of

salesman in Rishabh Motor Sales Private Limited Mahindra

Showroom. One Krishanpal Yadav had purchased one XUV 300 and

paid an amount of Rs.50,000/- in cash. The said amount was handed

over of the applicant for depositing the same in the bank account.

However, instead of depositing, the said amount has been

misappropriated by the applicant. It is submitted that the incident was

alleged to have taken place on 27.10.2019, whereas the FIR was

lodged on 28.07.2020. No amount in excess of Rs.20,000/- can be

paid in cash as per the provisions of Income Tax Act. The applicant is

ready and willing to abide by any stringent condition which may be

THE HIGH COURT OF MADHYA PRADESH MCRC-608-2022 Mukesh Vs. State of MP

imposed by the Court. The Trial is likely to take sufficiently long

time and there is no possibility of his absconding or tampering with

prosecution witnesses. The applicant shall also cooperate with the

investigation.

Per contra, the application is vehemently opposed by the

Counsel for the State. However, it is submitted that the case diary

merely contains the statement of the witnesses, Panchnama and one

Kaifiyat and specifically submitted that the case diary does not

contain any documentary evidence like invoice of XUV-300 and the

receipt of Rs.50,000/- which must have been given by the Mahindra

Showroom to Krishanpal Yadav etc.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed subject to condition that if the applicant appears before the

Investigating Officer (Arresting Officer) on or before 27.01.2022, he

shall be released on bail on 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 satisfaction of the Arresting Officer (Investigating

Officer).

The applicant shall make himself available for interrogation by

the Investigating Officer as and when required. He shall further abide

by the other conditions enumerated in sub-section (2) of Section 438

THE HIGH COURT OF MADHYA PRADESH MCRC-608-2022 Mukesh Vs. State of MP

of Cr. P. C.

It is made clear that in case if the applicant fails to appear

before the Investigating Officer (Arresting Authority) on or before

27.01.2022, then this order shall lose its effect and the Investigating

Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.01.20 10:30:02 +05'30'