Madhya Pradesh High Court
Arjun Rajput vs The State Of Madhya Pradesh on 28 December, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 28 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 57225 of 2023
BETWEEN:-
ARJUN RAJPUT S/O RAJENDRA SINGH, AGED ABOUT 35
YEARS, OCCUPATION: JOB, R/O 38, GANRAJ NAGAR,
INDORE PERMANENT ADDRESS : GRAM CHOUKI
HIDAYATPURA POST KILODA, DISTT. SHAJAPUR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI DEEPAK KUMAR RAWAL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION CIVIL LINE,
DEWAS (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI MUKESH PARWAL - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Case diary is available.
2. This first application under Section 438 of Cr.P.C. has been filed for
grant of anticipatory bail.
3. The applicant apprehends his arrest in connection with Crime
No.122/2018 registered at Police Station Civil Lines, District Dewas (M.P.) for
offence punishable under Sections 409 and 406 of Indian Penal Code, 1860.
4. It is submitted by the counsel for applicant that the allegations against
the applicant are that he was working as Assistant Secretary in Vrihattakar
Sahakari Sanstha Maryadit, Dewas and had misappropriated an amount of
Rs.1,88,692/-. It is submitted that without any prejudice to his defence, he has
already deposited an amount of Rs.1,90,000/- as evident from the receipt dated
08/02/2023 and NOC dated 08/02/2023 issued by Vrihattakar Sahakari
Sanstha Maryadit, Dewas. The applicant is ready and willing to co-operate
with the investigation. The trial is likely to take sufficiently long time and there is
no possibility of his absconding or tempering with the prosecution case. Hence,
he prays for grant of anticipatory bail.
5. Per contra, the application is vehemently opposed by the counsel for
the State.
6. Considering the facts and circumstances of the case and the amount
allegedly misappropriated by the applicant coupled with the fact that the said
amount has already been deposited by him, which may not have any bearing on
the final outcome of the trial, however, the same can always be taken note of
while considering the anticipatory bail application, this Court is of the
considered opinion that the anticipatory bail can be granted to the applicant.
Accordingly, without commenting on the merits of the case, the application is
allowed. If the applicant appears before the Investigating Officer (Arresting
Officer) on or before 08/01/2024 then he shall be released on bail on his
furnishing a 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).
7. This order shall remain in force till the conclusion of the trial, unless
bail is jumped. The applicant shall make himself available for interrogation by
the Investigating Officer as and when required. He shall further abide by the
other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.
8. It is made clear that in case if the applicant fails to appear before the
Investigating Officer (Arresting Authority) on or before 08/01/2024, then this
order shall lose its effect and the Investigating Officer shall be at liberty to take
him in custody.
9. In the light of the judgment passed by the Supreme Court in the case
of Aparna Bhat & Ors. Vs. State of M.P. passed on 18/3/2021 in Criminal
Appeal No.329/2021, the intimation regarding grant of bail be sent to the
complainant.
Certified copy as per rules.
(G.S. AHLUWALIA)
V. JUDGE
Tej
