Kripa Nidhan Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 16772 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 10 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 36474 of 2023

                           BETWEEN:-
                           KRIPA NIDHAN MISHRA S/O SHRI TULSI DAS MISHRA,
                           AGED ABOUT 41 YEARS, OCCUPATION: SALESMAN R/O
                           VILLAGE KARAH THANA SHAHPUR THA, HANUMANA
                           DISTT.REWA (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI SOURABH BHUSHAN SHRIVASTAVA - ADVOCATE)

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

                                                                                       .....RESPONDENTS
                           (BY SHRI Y.D. YADAV - GOVT. 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.35/2023 registered at Police Station-Shahpur, District-Rewa (MP) for the offences under Sections 409 of IPC & Section 3/7 Essential Commodities Act.

2. Learned Counsel appearing for the applicant submitted that applicant is innocent and falsely been implicated in the case. There may be some irregularity in accounts but no embezzlement has been done by applicant. It is further submitted that applicant is ready to deposit an amount of Rs.8,05,531/- Signature Not Verified Signed by: NEETI TIWARI Signing time: 11-10-2023 13:01:42

regarding, which allegations of misappropriation has been made. I n these circumstances, applicant may be granted anticipatory bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of anticipatory bail. It is submitted by him that offence is punishable upto life imprisonment. Offence is serious in nature, therefore, applicant may not be granted benefit of anticipatory bail.

4. Heard the counsel for the parties.

5. Allegation is in respect of misappropriation of grains affecting consumer and public at large. Applicant is ready to deposit an amount of Rs.8,05,531/- under protest before concerned CJM. Applicant is salesman of

society and there is no likelihood that he will abscond from law.

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

(i) Applicant shall deposit an amount of Rs.8,05,531/- before Court of C.J.M, Rewa (MP). Amount deposited will be kept in form of FDR and will be subject to final judgment which will be passed by the trial court.

(ii) Applicant will produce receipt of the same before the Investigating Officer.

(iii) If said amount is not deposited then no application will be entertained for modification of conditions of bail order.

7 . It is also directed that in the event of arrest of applicant and on producing receipt of the amount deposited in connection with the aforesaid crime number and the offences, he be released on anticipatory bail on furnishing a personal bond in the sum o f Rs.1,00,000/- (Rs.One Lac only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Signature Not Verified Signed by: NEETI TIWARI Signing time: 11-10-2023 13:01:42

8. This order will remain operative subject to compliance of the following conditions also by the applicant :

1. The applicant will comply with all the terms and conditions of the bond executed by him

2. The applicant will cooperate in the investigation/trial, as the case may be;

3 . The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 11-10-2023 13:01:42