Reshrma Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9193 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. 21897 of 2023

                           BETWEEN:-
                           RESHMA KHAN W/O ISHTIYAK KHAN, AGED ABOUT 32
                           YEARS, OCCUPATION: PRIVATE JOB R/O GHURITAL,
                           POLICE STATION WAIDHAN, DISTRICT SINGRAULI
                           (MADHYA PRADESH).

                                                                                          .....APPLICANT
                           (BY SHRI RAJEEV KUMAR PATHAK - ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION WAIDHAN, DISTRICT SINGRAULI (MADHYA
                           PRADESH).

                                                                                        .....RESPONDENT
                           (BY SHRI Y.D. YADAV - 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.468/2023, registered at Police Station-Waidhan, District Singrauli (MP) for the offence under Sections 420 of Indian Penal Code.

2. Learned counsel appearing for applicant submitted that allegation is regarding a cheating for an amount of Rs. 1,30,000/-. It is submitted that applicant is innocent and falsely being implicated in the case. She is ready to deposit said amount under protest, which may be made subject to final decision Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 21-06-2023 15:13:13

of Court. In these circumstances, it is prayed that she may be released on anticipatory bail.

3. Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of anticipatory bail.

4. Heard the learned counsel for the parties.

5. Considering the aforesaid circumstances, bail application filed by the applicant is allowed on following conditions : -

(i) Applicant will deposit an amount of Rs. 1,30,000/- (Rupees One Lac Thirty Thousand Only) before CJM Waidhan, Singrauli and will produce receipt before arresting officer.

(ii) Arresting Officer after considering the receipt will release the applicant on anticipatory bail.

(iii) Money deposited by applicant will be subject to final judgment which will be passed by the trial Court.

(iv) Amount deposited by applicant will be kept in FDR by the concerned Court.

6. 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 her furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lac only) with two solvent sureties in the like amount to the satisfaction of the Arresting officer (Investigating Officer)/trial Court for her regular appearance before the Police during the investigation or before the Court during trial.

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

Certified copy as per rules

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

(VISHAL DHAGAT) JUDGE vkt

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