Pooja Kalbele vs The State Of Madhya Pradesh
2023 Latest Caselaw 6940 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                                 ON THE 28 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 18105 of 2023

                           BETWEEN:-
                           1.    POOJA KALBELE W/O SHRI SURYAKANT
                                 KALBELE, AGED ABOUT 36 YEARS, R/O VILALGE
                                 PEEPALGAONKALAL TEHSIL KIRNAPUR POLICE
                                 STATION LANJI DISTRICT BALGHAT (MADHYA
                                 PRADESH)

                           2.    SURYAKANT KALBELE S/O SHRI DEVICHAND
                                 KALBELE, AGED ABOUT 44 YEARS, OCCUPATION:
                                 GOVERNMENT      TEACHER    R/O    VILLAGE
                                 PEEPALGAONKALA, TEHSIL KIRNAPUR, P.S.
                                 LANJI,   DISTRICT   BALAGHAT     (MADHYA
                                 PRADESH)

                                                                                          .....APPLICANTS
                           (BY SHRI PRADEEP NAVERIYA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH TRHROUGH POLICE
                           STAIN LANJI R/O DISTRICT BALAGHAT (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE)

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

The applicants have filed this second bail application under Section 438 o f Cr.P.C. for grant of anticipatory bail, who are apprehending their arrest in connection with Crime No.06/2023 registered at Police Station-Lanji, District- Balaghat for offences punishable under Sections 21(1), 21(2), 21(3) Aniyamit Signature Not Verified Signed by: APARNA TIWARI Signing time: 4/29/2023 11:41:43 AM

Jama Yojna Pratibandh Adhiniyam, 2019 and under Sections 420, 406 and 120- B of IPC.

2. This is second visit to the Court. Earlier case was dismissed on merits. Now, counsel for the applicant informs this Court that today applicant has deposited Rs.3,50,000/- in the account of complainant and, therefore, account has been settled between the two. Even otherwise, the applicant referred the judgment passed by the Apex Court in the cases of Arnesh kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and Satendra Kumar Antil Vs. CBI reported in (2022) 10 SCC 51 to bring home the fact that offences are such where benefit of Section 41-A of Cr.P.C. ought to have been given.

Applicant No.1 is a lady aged 36 years whereas applicant No.2 is her husband aged 44 years and is a Government Teacher therefore, confinement may bring social disrepute and personal inconvenience. Under these grounds, counsel prayed for grant of bail to the applicants.

3. Learned counsel for the respondent/State opposed the prayer for grant of anticipatory bail and prayed for its dismissal.

4. Heard learned counsel for the parties at length and perused the case diary.

5. Considering the submissions advanced by the learned counsel for the parties and the fact that applicant as per the statement, applicant has deposited Rs.3,50,000/- through SBI account, therefore, applicants are entitled to get the benefit of bail because matter relates primarily to monetary dispute, the fact that all offences are triable by Magistrate and / or maximum punishment which can be awarded is 7 years or below, as per the spirit of the judgments rendered by the Apex Court in the case of Arnesh Kumar (Supra) and Satendra Kumar Antil (Surpa), this Court intends to allow the application with certain stringent Signature Not Verified Signed by: APARNA TIWARI Signing time: 4/29/2023 11:41:43 AM

conditions and it is hereby directed that if the applicants are arrested by the Arresting Officer, they shall be enlarged on bail upon their furnishing a personal bond of Rs.50,000/- (Fifty Thousand Rupees Only) each with two solvent sureties each in the like amount to the satisfaction of the Arresting Officer.

7. This order will remain operative subject to compliance of the following conditions by the applicants:-

1. The applicants will comply with all the terms and conditions of the bond executed by them.

2. The applicants will cooperate in the investigation/trial, as the case may be;

3 . The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they are accused;

5. The applicants will not seek unnecessary adjournments during the trial;

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

7. The applicants shall not be a source of embarrassment and harassment

to the complainant in any manner.

8. The bail shall be granted subject to verification of the fact of deposit of Rs.3,50,000/- by applicant in the account of complainant and if the amount of Rs.3,50,000/- does not found to be deposited by applicant in favour of complainant then applicant shall not be entitled for instant bail

Signature Not Verified Signed by: APARNA TIWARI Signing time: 4/29/2023 11:41:43 AM

under such circumstances.

6. Application stands allowed and disposed of.

7. A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 4/29/2023 11:41:43 AM