Akhilesh Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 7269 MP

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                 ON THE 3 rd OF MAY, 2023
                                         MISC. CRIMINAL CASE No. 8724 of 2023

                         BETWEEN:-
                         AKHILESH PANDEY W/O KEERAT PRASAD PANDEY,
                         AGED      ABOUT     65      YEARS, OCCUPATION:
                         AGRICULTURIST R/O VILLAGE POST KHANDAR,
                         POLICE STATION BARODA, DISTRICT SATNA (MADHYA
                         PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI A. DUBEY-ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION SEMARIYA DISTRICT REWA (MADHYA
                         PRADESH)

                                                                                       .....RESPONDENT
                         (BY MS. PRIYANKA MISHRA-GOVT. ADVOCATE)

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

On 17.3.2023 a direction was issued to call for the verification report by Monday, failing which the SHO of Police Station Semariya District Rewa was directed to remain present before this Court. The matter was thereafter was listed on 29.3.2023 and again on 18.4.2023. On 18.4.2023 it was apprised to the Court that the verification report is not yet available on record, and as the SHO of Police Station Semariya was not present on that day nor the record was before this Court, a direction was issued to the SHO concerned to remain present before this Court along with the verification report on next date of Signature Not Verified Signed by: MANZOOR AHMED Signing time: 5/3/2023 5:44:43 PM

hearing, else stern action will be taken against him.

Pursuant to the court order dated 18.4.2023, Shri Abhishek Khare, SHO and Shri Amit Gontiya, SI of Police Station Semariya District are present before this Court.

Today Ms. Priyanka Mishra, learned counsel for the State has informed this Court that the verification report was immediately sent by the concerned SHO on 17.3.2023, however the said verification report was received by the AG office on 20.3.2023, and on 18.4.2023 the concerned Government Advocate mistakenly informed the Court that the report is not available on record.

Since the verification report is already on record, further presence of Shri Abhishek Khare, SHO and Shri Amit Gontiya, SI of Police Station Semariya is not required.

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.199/2012 registered at Police Station Semariya District Rewa (M.P.) for the offence under Sections 420, 406, 395, 397 of IPC and Sections 11, 13 of AD Act.

As per prosecution, complainant Narendra Singh has lodged a complaint on 1.8.2012 that while he went to Village Semariya carrying an amount of Rs.15 lakhs for purchasing a land, co-accused Chhotelal and Ganeshram along with the companion assaulted him and ran away along with Rs.15 lakhs. On the basis of this complaint, the FIR was registered against co-accused Chhotelal and Ganeshram. On the basis of memorandum of Chhotelal, the present applicant has been made an accused in the case and the charge sheet has been filed.

Signature Not Verified Signed by: MANZOOR AHMED Signing time: 5/3/2023 5:44:43 PM

Learned counsel for the applicant submits that the present applicant has been falsely implicated only on the basis of the memorandum. It is stated that co-accused Chhotelal has already been acquitted vide judgment dated 28.11.2020, and the copy of said judgment is filed as Annexure A-4 along with this application. The applicant has also filed relevant documents on record as Annexure A-2 and A-3.

On the last date of hearing counsel for the State was directed to verify these documents from the concerned SHO, and as per the report received by the AG office, these documents have been verified and found to be correct. These documents show that no case is made out against the present applicant and a decision has been taken to close the file against the present applicant.

Considering the verification report as well as the documents produced by the applicant along with this application, and without adverting into the merits of the case, this application is allowed.

It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall also comply with the provisions of Section 438(2) of Cr.P.C.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE Ansari

Signature Not Verified Signed by: MANZOOR AHMED Signing time: 5/3/2023 5:44:43 PM