Sunil Kumar Mishra @ Pintu vs The State Of Madhya Pradesh
2023 Latest Caselaw 619 MP

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                                IN    THE         HIGH COURT OF MADHYA
                                                      PRADESH
                                                    AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE ANAND PATHAK
                                           ON THE 10 th OF JANUARY, 2023
                                      MISC. CRIMINAL CASE No. 61962 of 2022

                          BETWEEN:-
                          SUNIL KUMAR MISHRA @ PINTU S/O LATE SHRI
                          JAGDISH PRASAD MISHRA, AGED ABOUT 38
                          YEARS, OCCUPATION: AGRICULTURIST VILLAGE
                          PODI KHURD POLICE STATION PAPAUDH TEHSIL
                          BEOHARI   DISTRICT   SHAHDOL    (MADHYA
                          PRADESH)

                                                                                   .....APPLICANT
                          (BY SHRI ALOK KUMAR GUPTA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH
                          POLICE STATION PAPAUDH DISTRICT SHAHDOL
                          (MADHYA PRADESH)

                                                                                 .....RESPONDENT
                          (BY SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE)

                                T h is application coming on for admission this day, t h e 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 his arrest in connection with Crime No.269/2022 registered at Police Station-Papaudh, District-Shahdol, for the offences punishable under Sections 417, 419 & 420 of IPC.

I t is the submission of learned counsel for the applicant that the

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/11/2023 10:09:15 AM

applicant is apprehending his arrest on the basis of registration of offence referred above. It is further submitted by learned counsel for the applicant that as per allegations he impersonated himself as Vipin Singh (District Woman and Child Empowerment Officer, Shahdol) and extracted money from complainant and other women on pretext to give them appointment as Aanganwadi/Balwadi worker. Applicant undertakes to cooperate in the investigation and to make himself available as and when required. Since, the case is triable by Magistrate and maximum punishment which can be awarded is up to 7 years, therefore, benefit of judgment passed by the Apex Court in case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 to be considered and be released accordingly. He

would not be source of harassment and embarrassment in any manner to the complainant party in any manner. Under these grounds, counsel prayed for grant of anticipatory bail to the applicant.

Learned Government Advocate for the State opposed the prayer on the ground that identity of applicant is to be ascertained and therefore, custodial interrogation may not be ruled out. He prayed for dismissal of this application for anticipatory bail.

Heard learned counsel for the parties at length and perused the case diary.

Considering the submissions advanced by the learned counsel for the parties and looking to the nature of allegations, application is allowed with a direction to the Investigating Officer to proceed in accordance with the mandate of Arnesh Kumar (Supra). Investigating Officer is at liberty

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/11/2023 10:09:15 AM

to take consequential follow up action in case of any non cooperation. It is hereby directed that in the event of arrest, the applicant shall be released o n 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/trial Court. This order shall remain operative subject to compliance of the following conditions by the applicant:-

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

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 or 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;

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.

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/11/2023 10:09:15 AM

(ANAND PATHAK) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/11/2023 10:09:15 AM