Rakesh Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 2171 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                             ON THE 7 th OF FEBRUARY, 2023
                                        MISC. CRIMINAL CASE No. 61836 of 2022

                         BETWEEN:-
                         RAKESH PATEL S/O SRHI RAM MILAN PATEL, AGED
                         ABOUT 48 YEARS, OCCUPATION: LIC AGENT R/O 133
                         TRIMURTI NAGAR DEENDAYAL UPADHYAY WARD
                         DAMOHNAKA     JABALPUR   DISTRICT   JABALPUR
                         (MADHYA PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI MANISH DATT- SENIOR ADVOCATE WITH SHRI ROHIT
                         SHARMA- ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH E.O.W.
                         UNIT JABALPUR DISTRICT JABALPUR (MADHYA
                         PRADESH)

                                                                                      .....RESPONDENT
                         (BY SHRI MADHUR SHUKLA- ADVOCATE FOR E.O.W.)

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

This is the first application under Section 438 of the Cr.P.C filed by the applicant who is apprehending her arrest in connection with Crime No.35/2020 registered at Police Station-E.O.W. Unit, Jabalpur District-Jabalpur for the offences punishable under Sections 406, 420 and 120-B of I.P.C.

The applicant is apprehending his arrest on the basis of registration of offences referred above. Earlier, this case was registered against the applicant for offences under sections 406 and 420 of IPC and notice was received u/s 41- Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/7/2023 7:07:09 PM

A of Cr.P.C.by him and in pursuance thereof he participated in the investigation. No action arose for arrest of applicant before the police. Now, when the charge-sheet has been filed against the applicant, he moved an application apprehending his arrest which has been rejected. He has therefore preferred this application.

Learned counsel for the applicant referred the judgments passed by the Apex Court in the cases of Arnesh Kumar Vs. State of Bihar & Another reported in (2014) 8 SCC 273 as well as Satender Kumar Antil Vs. Central Bureau of Investigation & Others reported in (2022) 10 SCC 51 and Amanpreet Singh Vs. C.B.I through Director reported in 2021 SCC Online

SC 941 to submit that in such cases anticipatory bail ought to have been given but somehow declined by courts below.

Learned counsel for the respondent vehemently opposed the prayer and prayed for its dismissal.

Considering the submissions and the nature of allegations in which maximum punishment awarded under section 420 of IPC is 7 years and under section 406 of IPC is 3 years and looking to the mandate of the Apex Court in the cases referred above, it is imperative that the applicant be granted the benefit of bail, the application is allowed it is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority.

This order shall remain operative subject to compliance of the following stringent conditions by the applicant:-

1. The applicant shall comply with all the terms and conditions of the bond executed by him;

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/7/2023 7:07:09 PM

2. The applicant shall cooperate in the investigation/trial, as the case may be;

3. The applicant shall not indulge himself in extending inducement, threat o r 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 applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant shall not seek unnecessary adjournments during the trial;

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

7. The appellant would not be a source of embarrassment or harassment to the complainant party in any manner and shall not move in the vicinity of complainant in future and shall not try to contact complainant in person through electronic mode or through somebody else.

Application stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/7/2023 7:07:09 PM