Badamilal Malviya vs The State Of Madhya Pradesh
2023 Latest Caselaw 9192 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                   ON THE 20 th OF JUNE, 2023
                                          MISC. CRIMINAL CASE No. 20848 of 2023

                           BETWEEN:-
                           BADAMILAL MALVIYA S/O SHRI LAXMICHAND
                           MALVIYA, AGED ABOUT 58 YEARS, OCCUPATION:
                           CLERK R/O KULAMADI RAOD KAMLA HIGHTECH CITY
                           TEHSIL AND DITRICT NARMADAPURAM (MADHYA
                           PRADESH).

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

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

                                                                                           .....RESPONDENT
                           (BY SHRI AKSHAY NAMDEO - 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. 76/2023, registered at Police Station-Shivpur, District Narmadapuram (MP) for the offence under Sections 407, 409, 420 and 34 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 ready to deposit the amount which is said to have been defalcated by one Gagan Yadav. Said amount be kept in fixed deposit and the same will be Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 21-06-2023 15:13:13

subject to final judgment which will be passed in the case by trial Court. It is submitted that as per enquiry report, ID of applicant has been used by one outsourced person namely Gagan Yadav for transferring the money. Bank has also reached a finding that transaction has been done by Gagan Yadav. In these circumstances, applicant be granted benefit of anticipatory bail.

3. Government Advocate appearing for State opposed the prayer for grant of anticipatory bail. It is submitted that Gagan Yadav has also made a complaint that some amount has been deposited in his account.

4. Heard the counsel for the parties.

5. In enquiry report, there is finding by bank that ID of applicant has

been used by Gagan Yadav for transfer of money. It is argued by counsel appearing for applicant that accounts of Gagan Yadav has not been checked and he has also not been made accused in the case. Applicant is falsely implicated. It is submitted that applicant has deposited Rs. 7,12,036/- before the bank.

6. Considering aforesaid circumstances, anticipatory bail application filed by the applicant is allowed.

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 one solvent surety in the like amount to the satisfaction of the Arresting officer (Investigating Officer)/trial Court for his regular appearance before the Police during the investigation or before the Court during trial.

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

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 21-06-2023 15:13:13

9. Certified copy as per rules

(VISHAL DHAGAT) JUDGE vkt

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 21-06-2023 15:13:13