Shyam Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 14102 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                     ON THE 28 th OF AUGUST, 2023
               MISC. CRIMINAL CASE No. 23461 of 2023

BETWEEN:-
SHYAM RAJAK S/O SHRI NARBAD PRASAD RAJAK,
AGED ABOUT 39 YEARS, OCCUPATION: GOVT. SERVANT
R/O STREET NO. 10, SADAR BAZAR, POLICE STATION
CANTT, DISTRICT JABALPUR (M.P.) (MADHYA
PRADESH)

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

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION CANTT. DISTRICT JABALPUR
      (MADHYA PRADESH)

2.    MOHAMMAD FAHEEM @ SHARIF S/O SHRI
      IDRISH, AGED ABOUT 29 YEARS, OCCUPATION:
      NIL STREET NO. 10 SADAR BAZAR POLICE
      STATION CANTT DISTRICT JABALPUR (MADHYA
      PRADESH)

                                                            .....RESPONDENTS
(BY SHRI SANDESH DIXIT - 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 the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.1706/2023 registered at Police Station-Cantt., District-Jabalpur (MP) for the offences under Section 420 of the IPC.

2. Learned counsel appearing for applicant submitted that applicant is innocent and has falsely been implicated in the case. No offence under Section 420 of the IPC has been committed by the applicant, therefore, he may released on anticipatory bail.

3. Learned counsel appearing for the Objector submitted that applicant had entered into an agreement and had taken an amount of Rs.1,50,000/- from complainant on promise to secure him a job. It is submitted that complainant was befooled and no application was filed neither any job was provided to him. Money has been taken by misrepresenting. Applicant has committed aforesaid offence, therefore, he may not be released on anticipatory bail.

4. Heard the counsel for the parties.

5. In order passed by trial Court, it has been mentioned that no arrest warrant has been issued against applicant, therefore, trial Court did not consider applicant's application for grant of anticipatory bail and same was dismissed. Offence under Section 420 of the IPC is punishable up to seven years of imprisonment.

6. Considering aforesaid facts and circumstances of the case, MCRC is disposed off directing Investigating Officer to follow judgment passed in case of Arnesh Kumar Vs. State of Bihar Kumar, reported in (2014) 8 SCC 273.

7. Applicant is at liberty to appear before trial Court and file appropriate application.

8. With aforesaid direction, MCRC is disposed off.

9. Certified copy as per rules.

Digitally signed by SHABANA ANSARI Date: 2023.08.28 17:32:50 +05'30' (VISHAL DHAGAT)

JUDGE shabana