Tikanlal Matare vs The State Of Madhya Pradesh
2023 Latest Caselaw 10028 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                    ON THE 3 rd OF JULY, 2023
                                          MISC. CRIMINAL CASE No. 12762 of 2023

                           BETWEEN:-
                           TIKANLAL MATARE S/O SHRI RAMCHAND MATARE,
                           AGED ABOUT 44 YEARS, OCCUPATION: GOVT. JOB R/O
                           32 WARD NO. 04 VILLAGE KANSULI NEVARWAHI
                           BALAGHAT (MADHYA PRADESH).

                                                                                              .....APPLICANT
                           (BY SHRI SANJAY SHARMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATON LANJI, DISTRICT BALAGHAT (MADHYA
                           PRADESH).

                                                                                           .....RESPONDENT
                           (BY SHRI ALOK AGNIHOTRI - 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. 351/2022, registered at Police Station-Lanji, District Balaghat (MP) for the offence under Sections 21(1), 21(2), 21(3) of Banning of Unregulated Deposit Scheme Act, 2019 and Sections 420 and 406 of Indian Penal Code.

2. Learned Counsel appearing for applicant submitted that applicant is innocent and falsely being implicated in the case. It is submitted that applicant is a government employee and he will not abscond from law and will regularly Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 04-07-2023 13:47:51

attend the investigation and trial of case. It is further submitted that applicant is ready to deposit an amount of Rs. 2,50,000/- before CJM, Balaghat showing his bonafides. In these circumstances, applicant may be released on anticipatory bail.

3. Government Advocate appearing for State opposed the anticipatory bail application. It is submitted that number of cases of similar nature has taken place in District Balaghat. Applicant has collected money from his relatives to double the said money. There is direct allegation against the applicant. In these circumstances, application for anticipatory bail be dismissed.

4. Heard the counsel for the parties.

5. Applicant is a government servant. He is ready to deposit the amount of Rs. 2,50,000/-. Offence alleged against applicant is punishable upto 7 years of imprisonment.

6. Considering aforesaid facts and circumstances of the case, anticipatory bail application filed by applicant is allow ed on condition that applicant shall deposit the amount of Rs.2,50,000/- (Rs. Two Lacs Fifty Thousand) before C.J.M. Balaghat, which will be kept in FDR and said amount shall be subject to final judgment and order of disposal of property by the trial Court.

7. It is directed that in the event of arrest of applicant by the police in the aforesaid FIR, applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for his regular appearance before the Police during the investigation of the case.

8. It is directed that applicant shall abide by the conditions enumerated in Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 04-07-2023 13:47:51

sub-section (2) of Section 438 of the Cr.P.C.

9. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE vkt

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 04-07-2023 13:47:51