Mahendra Singh Tomar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8357 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                            ON THE 23rd OF JUNE, 2022

                MISC. CRIMINAL CASE No. 30637 of 2022

        Between:-
        MAHENDRA SINGH TOMAR S/O OM SINGH
        TOMAR     ,  AGED   ABOUT   37   YEARS,
        OCCUPATION: AGRICULTURE GAYATRI NAGAR
        SEODHA DATIA PRESENTLY RAWATPURA SANI
        P S LAHAR (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY SHRI SIDDHARTH SHARMA - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH INCHARGE
        POLICE   STATION  THATIPUR   (MADHYA
        PRADESH)

                                                        .....RESPONDENT/STATE
        (BY SMT. ABHA MISHRA - PUBLIC PROSECUTOR)

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

The applicant has filed this first application under Section 439 of

Cr.P.C for grant of bail.

Applicant has been arrested on 25/05/2022 by Police Station Thatipur, District Gwalior (M.P.) in connection with Crime No.311/2011 registered for offence under Sections 420, 467, 468, 471, 120-B of IPC and Section 3 (1)(2)(4) of Madhya Pradesh Nikshepakon ke Hiton ka Sanrakshan Adhiniyam, 2000 and Section 45(s), 58B (5-A) of RBI Act.

It is submitted by learned counsel for the applicant -Mahendra Singh

Tomar that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 25/05/2022. It is further submitted that earlier the applicant was Director of the company and he had resigned in the years 2008 which reflected on the record itself. It is further submitted that on the date of incident, he was neither the Director nor related to the company. Other co-accused persons have already been acquitted by the trial Court vide judgment dated 25/09/2018. The applicant was not having any filing of charge-sheet, therefore he remained absent during the trial. Investigation and trial will take its own time. Applicant is ready and willing to abide by any condition which may

be imposed by this Court. Hence, learned counsel prays for grant of bail to the present applicant.

Per contra, learned State counsel has vehemently opposed the prayer and has submitted that in the present case, huge public money is involved wherein the applicant who started the company without getting the registration of company as per the norms of Reserve Bank of India. Hence, considering the nature and gravity of offence, learned State counsel prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary and documents available on record.

Considering the arguments advanced by learned counsel for the parties along with the facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his

furnishing a personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds will be seized;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The applicant shall mark his presence before the SHO of conce rning police station once in every month till conclusion of trial.

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Monika MONIKA SHARMA 2022.06.24 10:33:08 +05'30'