Brijlal Bais vs The State Of Madhya Pradesh
2022 Latest Caselaw 13401 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                            BEFORE
                                              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                   ON THE 12th OF OCTOBER, 2022

                                            MISC. CRIMINAL CASE No. 47791 of 2022

                                   BETWEEN:-
                                   BRIJLAL BAIS S/O SHRI KESHAV PRASAD BAIS,
                                   AGED     ABOUT    46   YEARS, OCCUPATION:
                                   AGRICULTURE R/O VILLAGE BAJRANG GARH,
                                   POLICE STATION RAMPUR NAIKIN, IDSTRICT
                                   SIDHI (M.P.) (MADHYA PRADESH)

                                                                                        .....PETITIONER
                                   (BY MR. VIVEK SHUKLA, ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION RAMPUR NAIKIN DISTRICT
                                   SIDHI (M.P.) (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                                   (BY MR. MANAS VERMA, GOVT. ADVOCATE)

                                 This application has come up for hearing on this day, the court passed
                           the following:
                                                               ORDER

This i s fi rst application under Section 438 of the Code of Criminal

Procedure for grant of anticipatory bail.

Applicant is apprehending his arrest in connection with Crime No.268/2022 registered at Police Station-Rampur Naikin, District-Sidhi (M.P.) for offences punishable under Sections 420 of Indian Penal Code.

Learned counsel appearing for the applicant submitted that as per prosecution story, applicant is said to have cheated the complainant of an amount of Rs.5,88,000/-. Rs.3 Lacs has already been returned by applicant. It

Signature Not Verified Signed by: NEETI TIWARI Signing time: 10/13/2022 5:24:01 PM

is submitted that applicant is ready to return the remaining amount of Rs.2,88,000/- to show his bona-fide. It is submitted that applicant has falsely been implicated in the case In these circumstances, applicant be granted anticipatory bail.

Government Advocate appearing for the State opposed the application for grant of anticipatory bail and it is submitted by him that applicant has been named in FIR and he had added his phone number in account of complainant and, thereby, withdrawn the amount.

Heard the counsel for the parties.

At this stage, applicant is ready to deposit Rs.2,88,000/- in the Court of

CJM to show his bona-fide.

Considering t h e aforesaid fac ts a n d circumstances o f t h e c as e, the anticipatory bail application is allowed on condition that applicant will deposit Rs.2,88,000/- in the form of FDR with direction of automatic renewal to bank drawn in favour of CJM concerned and on receipt being produced before the Arresting Officer then Arresting Officer will release the applicant-Brijlal Bais on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority. Investigating Officer shall make FDR the part of Challan.

Disposal of F.D.R. deposited by applicant will be considered by the trial Court at the time of passing of final judgment in the trial.

The applicant is directed to join the investigation immediately and to co- operate with the investigating agency. H e will further abide b y the conditions enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

Signature Not Verified Signed by: NEETI TIWARI Signing time: 10/13/2022 5:24:01 PM

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 10/13/2022 5:24:01 PM