Rahul Kumar Patel vs The State Of M.P.
2023 Latest Caselaw 690 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                                ON THE 11 th OF JANUARY, 2023
                                           MISC. CRIMINAL CASE No. 1235 of 2023

                           BETWEEN:-
                           RAHUL KUMAR PATEL S/O RAMESH KUMAR PATEL,
                           AGED ABOUT 30 YEARS, OCCUPATION: PRIVATE JOB
                           R/O VILLAGE RERUAKALA TAHSIL AND P.S. GURH,
                           DISTRICT REWA M.P PRESENTLY R/O RATAHRA WARD
                           NO. 15, REWA, DISTRICT REWA (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI AJAY MISHRA - ADVOCATE)

                           AND
                           THE STATE OF M.P. THROUGH POLICE STATION CITY
                           KOTWALI, DISTRICT REWA (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI NARENDRA CHOURASIYA - GOVERNMENT ADVOCATE)

                                 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 his arrest in connection with Crime No.547/2022, registered at Police Station- City Kotwali, District- Rewa, for the offences punishable under Sections 406, 294 and 506 of IPC.

It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is apprehending his arrest on the basis of registration of offence as referred above.

It is further submitted that as per allegation, he was working as Sales-man Signature Not Verified Signed by: APARNA TIWARI Signing time: 1/12/2023 10:00:56 AM

in a company where some alleged embezzlement took place. According to him, he is innocent and has falsely been implicated. Except offence under Section 406 of IPC other offences are bailable in nature. Even the case under Section 406 of IPC is triable by Magistrate and maximum punishment which can be awarded is up to 3 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. Under these grounds, counsel prayed for grant of anticipatory bail to the applicant.

Learned Government Advocate for the respondent/State opposed the prayer and prayed for dismissal of this anticipatory bail application on the basis

of allegation. However, applicant does not bear any criminal record as per case diary.

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 the fact that offence is primarily triable by Magistrate and maximum punishment awarded is up to 3 years under Section 406 of IPC, therefore, without adverting on merits of the case, application is allowed with a direction to the Police Authorities to proceed in accordance with the mandate of Arnesh Kumar (Supra). 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/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;

Signature Not Verified Signed by: APARNA TIWARI Signing time: 1/12/2023 10:00:56 AM

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.

(ANAND PATHAK) JUDGE AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 1/12/2023 10:00:56 AM