Suneel Gour vs The State Of Madhya Pradesh
2023 Latest Caselaw 9062 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 19 th OF JUNE, 2023
                                          MISC. CRIMINAL CASE No. 22409 of 2023

                           BETWEEN:-
                           SUNEEL GOUR S/O RAMKRISHNA GAOUR, AGED
                           ABOUT 31 YEARS, OCCUPATION: PRIVATE JOB R/O
                           VILLAGE SALEGAON, TAHSIL DOLARIYA, POLICE
                           STATION  DOLARIYA, DISTRICT HOSHANGABAD
                           (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI MADAN SINGH - ADVOCATE FOR APPLICANT)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION MANDIDEEP, DISTRICT-RAISEN (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI A.S. PATHAK - GOVT. ADVOCATE FOR RESPONDENT/STATE)

                                 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.455/2017 registered at Police Station-Mandideep, District- Raisen (M.P.) for the the offences punishable under Sections 420 and 34 of IPC.

2. Learned counsel appearing for applicant submitted that incident is said to have occurred in year 2016 and FIR has been registered of the incident in year 2017. Applicant has falsely been implicated in the case. It is submitted that applicant is ready to deposit the amount Rs.60,000/- under protest before the Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 20-06-2023 16:36:28

CJM, Raisen (M.P.) to show his bonafide. On aforesaid grounds, counsel for applicant prays for grant of anticipatory bail to the applicant.

3. Learned Government Advocate appearing for State opposed the bail application. It is submitted that applicant was absconding. Ingredient of Section 420 of IPC is present in the case. In this circumstances, he prays for rejection of bail application.

4. Heard the counsel for the parties.

5. Applicant is ready to deposit the amount which has been cheated from complainant. No other criminal offence is registered against the applicant. He is first offender.

6 . Considering the aforesaid facts and circumstances of the case, anticipatory bail application filed by applicant is allowed on condition that applicant will deposit Rs.60,000/ - (Rupees Sixty Thousand only) under protest before the CJM, Raisen (M.P.) within period of 15 days and he will produce the receipt of same before Arresting Officer. Arresting Officer after getting the receipt of deposit of Rs.60,000/- will enlarge the applicant on anticipatory bail.

7. It is directed that in the event of arrest of applicant by the police in the aforesaid crime, applicant shall be released on bail on aforesaid condition on furnishing 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 Investigating Officer during the investigation as and when required.

8. Amount which will be deposited by the applicant shall be kept in FDR and same will be subject to final judgment passed by the trial Court.

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 20-06-2023 16:36:28

9. If complainant files an application for getting the money on supurdginama, same shall be given to him on furnishing security for the said amount.

10. Applicant will further abide by the conditions enumerated in sub- section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 20-06-2023 16:36:28