Vinay Kumar Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 12681 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE VISHAL DHAGAT
                     ON THE 7 th OF AUGUST, 2023
              MISC. CRIMINAL CASE No. 34466 of 2023

BETWEEN:-
VINAY KUMAR MISHRA S/O SHRI DIVAKAR PRASAD
MISHRA, AGED ABOUT 35 YEARS, OCCUPATION: SELF
EMPLOYEE WARD NO. 14 SANJAY NAGAR NEAR PUMP
HOUSE, P.S. SAMAN, DISTRICT- REWA (MADHYA
PRADESH)

                                                               .....APPLICANT
(BY SHRI DURGESH PANDEY - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CHORHATA DISTRICT- REWA (MADHYA
PRADESH)

                                                           .....RESPONDENTS
(SHRI D.S. DUBEY - ADVOCATE FOR THE OBJECTOR AND SHRI AKSHAY
NAMDEO - GOVERNMENT ADVOCATE)

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

This is first application filed by applicant under Section 438 of Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.175/2023, registered at Police Station-Chorhata, District-Rewa (MP) for the offence punishable under Sections 420, 467, 468, 471, 34 of the IPC.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Allegation against co- accused namely Vandana Pandey is in respect of withdrawal of Rs.17,000/- and

she has already been enlarged on bail vide order dated 05.07.2023 passed in MCRC No.17492/2023. As per allegation made by prosecution, an amount of Rs.2,00,000/- has been deposited in account of applicant-Vinay Kumar Mishra. Applicant is ready to deposit the said amount. In these circumstances, applicant may be released on anticipatory bail.

3. Learned counsel appearing for the Objector as well as Government Advocate appearing for the State has opposed the anticipatory bail application. It is submitted that offence is serious in nature and embezzlement of public money has been made. In these circumstances, applicant may not be released on anticipatory bail.

4. Heard learned counsel for the parties.

5. Applicant is ready to deposit defalcated money of Rs.2,00,000/- (Two Lac Only) to show his bonafide.

6. Considering the aforesaid circumstances, anticipatory bail application filed by the applicant is allowed on following conditions:-

(i) Applicant will deposit an amount of Rs.2,00,000/- (Two Lac Only) before CJM, Rewa. Amount deposited will be subject to final judgment which will be passed by the trial court.

(ii) Applicant will cooperate in trial and will regularly appear before the Investigating Officer and will also handover his passbook and other documents which are evidence in the case.

7. It is directed that in the event of arrest, applicant be released on anticipatory bail on aforesaid conditions on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for his regular appearance before the Police during the investigation or before the Court

during trial as and when directed.

8. The applicant will further abide by the conditions enumerated in sub- section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2023.08.08 13:01:20 +05'30'