Rajkaran Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 13737 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 22 nd OF AUGUST, 2023
                                          MISC. CRIMINAL CASE No. 36078 of 2023

                           BETWEEN:-
                           RAJKARAN PATEL S/O DAYARAM PATEL, AGED ABOUT
                           57   YEARS, OCCUPATION: SECRETARY OF GRAM
                           PANCHAYAT DADPUR RESIDENT OF WARD NO 6,
                           VILLAGE PATHA TAHSIL HATTA DISTT. DAMOH
                           (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI MADAN SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION GAISABAD DISTRICT DAMOH (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI AJEET RAWAT - GOVT. ADVOCATE)

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

T h is is first application filed under Section 438 of Cr.P.C by applicant/accused for grant of anticipatory bail, as he is under apprehension of arrest relating to FIR No.82/2023, registered at Police Station Gaisabad, District Damoh (M.P.) for the offences punishable under Sections 406, 409, 34 of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that applicant is a Govt. servant and there is no likelihood that he will abscond from law. It is submitted that applicant will cooperate in investigation of the case and will also Signature Not Verified Signed by: NEETI TIWARI Signing time: 23-08-2023 12:28:14

appear before trial Court as and when required. It is submitted that applicant is ready to deposit the amount of money, which is said to have been defalcated by him, as the money involved is public money and applicant is ready to deposit his share i.e. sum of Rs.8,70,725/- (Rupees Eight Lacs, Seventy Thousand, Seven Hundred and Twenty Five Only) under protest. In these circumstances, applicant may be enlarged on anticipatory bail.

3 . Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail.

4. Heard the learned counsel for the parties.

5. Applicant is ready to deposit an amount of Rs.8,70,725/- before CEO

Jila Panchayat, Damoh under Protest.

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

(i) Applicant shall deposit an amount of Rs.8,70,725/- (Rupees Eight Lacs, Seventy Thousand, Seven Hundred and Twenty Five Only) before CEO Jila Panchayat, Damoh. Amount deposited will be kept in form of FDR and will be subject to final judgment which will be passed by the trial court.

(ii) Applicant will produce receipt of the same before Investigating Officer.

7. It is also directed that in the event of arrest of applicant and on producing receipt of the amount deposited in connection with the aforesaid crime number and the offences, he be released on anticipatory bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Signature Not Verified Signed by: NEETI TIWARI Signing time: 23-08-2023 12:28:14

8. The applicant is directed to join the investigation immediately and co- operate with the investigating agency. He 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 nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 23-08-2023 12:28:14