Narendra Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 9521 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 23 rd OF JUNE, 2023
                                         MISC. CRIMINAL CASE No. 15417 of 2023

                           BETWEEN:-
                           NARENDRA TIWARI S/O SHRI SITA PRASAD TIWARI,
                           AGED ABOUT 32 YEARS, R/O VILLAGE MAIDANI POLICE
                           STATION CHORAHATA DISTRICT REWA (MADHYA
                           PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI RAM LALA SHUKLA, ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION CHORAHATA R/O DISTRICT REWA (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI C. M. TIWARI, GOVT. ADVOCATE )

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

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.175/2023, registered at Police Station Chorahata, District Rewa (M.P.) for the offences punishable under Sections 420, 467, 468, 471 and 34 of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that there are two accused persons. Allegation is that applicant and other co-accused has received an amount of Rs.15 Lakhs from complainant for getting him a job. Signature Not Verified Signed by: MONSI M SIMON Signing time: 6/24/2023 12:36:25 PM

Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the case. It is submitted that false allegations are made as money is not deposited for getting a job but for business transaction. To show his bonafide applicant is ready to deposit Rs.7,50,000/- under protest. In these circumstances, applicant may be enlarged on anticipatory bail.

3. Learned Govt. Advocate appearing for the State as well as learned counsel for the objector opposed the application for grant of anticipatory bail.

4. Heard the learned counsel for the parties.

5. Considering the fact that applicant is ready to deposit Rs.7,50,000/- to show his bonafide, anticipatory bail application filed by the applicant is

allowed on conditions that:

(i) Applicant shall deposit an amount of Rs.7,50,000/- before C.J.M Rewa within 30 days. Amount deposited will be subject to final judgment which will be passed by the trial court.

(ii) If said amount is deposited by the applicant, then complainant will be at liberty to move an application for withdrawal of same after furnishing security.

6. It is also directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

7. The applicant is directed to join the investigation immediately and to co-operate with the investigating agency. He will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C. Signature Not Verified Signed by: MONSI M SIMON Signing time: 6/24/2023 12:36:25 PM

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE mms

Signature Not Verified Signed by: MONSI M SIMON Signing time: 6/24/2023 12:36:25 PM