Umashankar vs The State Of Madhya Pradesh
2023 Latest Caselaw 10192 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                        ON THE 5 th OF JULY, 2023
               MISC. CRIMINAL CASE No. 27287 of 2023

BETWEEN:-
1.    UMASHANKAR    S/O    SHRI   MULCHAND
      RAGHUWANSHI, AGED ABOUT 57 YEARS,
      OCCUPATION:   CLERK     R/O   VILLAGE
      CHATARKHEDA TEHSIL SEONI MALWA DISTT.
      NARMADAPURAM (MADHYA PRADESH)

2.    PREMNARAYAN S/O SHRI JAGDISH PRASAD
      TIWARI, AGED ABOUT 61 YEARS, OCCUPATION:
      SOCIETY MANAGER CUM SUPERVISOR R/O
      WARD NO 5, SEONI MALWA, TEHSIL SEONI
      MALWA (MADHYA PRADESH)

                                                               .....APPLICANTS
(BY SHRI PUSHPENDRA YADAV - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION SHIVPUR DISTRICT NARMADAPURAM
(MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI NARENDRA CHOURASIA - GOVERNMENT ADVOCATE)

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

This is second b ail application filed under Section 438 of Code of Criminal Procedure filed by applicants for grant of anticipatory bail relating to FIR No.76/2023 registered at Police Station-Shivpur, District-Narmadapuram (M.P.) for the offence punishable under Sections 407, 409, 420/34 of the IPC. Earlier application i.e MCRC No.15209/2023 was dismissed as withdrawn vide

order dated 24.04.2023.

2. Learned counsel appearing for the applicants submitted that applicants are innocent and have falsely been implicated in the case. As per prosecution story, applicant No.1 is said to have committed cheating and forgery in respect of an amount of Rs.10,77,051/- and applicant No.2 is said to have committed cheating in respect of Rs.04,22,506/-. Applicant No.1 has already deposited Rs.2,00,000/- and applicant No.2 has already deposited Rs.3,00,000/-. Applicants are ready to deposit rest of the alleged defalcated amount under protest before CJM, Hoshangabad (MP). In these circumstances, applicants may be enlarged on anticipatory bail.

3. Learned Government Advocate appearing for the State has opposed the bail application. It is submitted that applicants are public servants. Offence committed by them is serious in nature. In these circumstances, applicants may not be released on anticipatory bail.

4. Heard learned counsel for the parties.

5. Applicants are public servants and there is no likelihood that they will abscond from law or will not cooperate in investigation of the case if they are released on anticipatory bail.

6. Considering the facts and circumstances of the case, anticipatory bail application filed by the applicants, is allowed on following condition:-

1. Applicant No.1 will deposit Rs.8,77,051/- (Rs.Eight Lac Seventy Seven Thousand Fifty One Only) and applicant No.2 will deposit Rs.1,22,506/- (Rs.One Lac Twenty Two Thousand Five Hundred Six Only) under protest before CJM, Hoshangabad (MP). Amount which will be deposited by the applicants shall be kept in FDR and said amount shall be

subject to final judgment which will be passed by the trial Court/concerned CJM.

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

8. It is directed that applicants shall abide by the conditions enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2023.07.06 14:55:08 +05'30'