Rajneesh Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 17558 MP

                                                                1
                            IN       THE      HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                ON THE 19 th OF OCTOBER, 2023
                                           MISC. CRIMINAL CASE No. 45074 of 2023

                           BETWEEN:-
                           RAJNEESH TIWARI S/O SHRI PARMANAND TIWARI,
                           AGED ABOUT 30 YEARS, OCCUPATION: PRIVATE JOB
                           RESIDENT OF VILLAGE ATRAILA POST ATRAILA
                           DISTRICT REWA (MADHYA PRADESH)

                                                                                               .....APPLICANT
                           (BY SHRI ARUNODAYA SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH THE
                           STATION HOUSE OFFICER POLICE STATION SAMAN
                           DISTRICT REWA (MADHYA PRADESH)

                                                                                             .....RESPONDENT
                           (BY SHRI S. P. CHADAR - GOVERNMENT ADVOCATE)

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

This is first application for grant of anticipatory bail under section 438 of Cr.P.C. on behalf of the applicant who is apprehending his arrest in connection with FIR/Crime No.346/2023 dated 05.09.2023 registered at Police Station Saman, District Rewa (M.P), for the offences punishable under Sections 408/34 of IPC.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the offence. Applicant is ready to cooperate in the investigation and trial. In the event of arrest, applicant's reputation will be Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/20/2023 4:25:58 PM

ruined. Hence, it is prayed that the applicant be released on anticipatory bail.

Learned counsel for the State had opposed the prayer for anticipatory bail.

Heard learned counsel for the parties and perused the case diary. This bail application has been argued on the ground that applicant is the employee of complainant company and he merely forwarded Email to the concerned authority, which was sent by co-accused for approval and on false ground he is impleaded as accused in the case. For this, contents of Email have been produced by the applicant along with the receipt of amount deposited in the case. It is further argued that only the case of Section 408 of IPC has been

registered against the applicant, which is punishable with 7 years punishment and for this the applicant has relied upon the notification issued by the High Court of Madhya Pradesh dated 20.09.2023 as well as the judgment passed by Supreme Court in case of Md. Asfak Alam Vs. State of Jharkhand & anr. in Criminal Appeal No.2207 of 2023.

This bail application has been opposed by the State on the ground that prima-facie a case of forgery for the purpose of cheating is made out against the applicant because it is mentioned in the FIR itself that instead of depositing the amount received from customers, a forged settlement letter bearing the seal of company was issued to the customers. It is also argued that the said document comes within the definition of valuable security, which is punishable under Section 467 of IPC with imprisonment for life.

On due consideration of arguments of both the sides, this Court is of the opinion that no case is made out for anticipatory bail.

Accordingly, the application for anticipatory bail is hereby dismissed.

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/20/2023 4:25:58 PM

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/20/2023 4:25:58 PM