Syed Hina Praveen vs The State Of Madhya Pradesh
2023 Latest Caselaw 17982 MP

                                                                     -1-



                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                 BEFORE
                                                       JUSTICE SUJOY PAUL

                                                ON THE 30th OF OCTOBER, 2023

                                          MISC. CRIMINAL CASE No. 47515 of 2023

                           BETWEEN :-

                           SYED HINA PRAVEEN W/O MOHAMMAD IMRAN,
                           AGED ABOUT 31 YEARS, OCCUPATION: HOUSE
                           WIFE R/O H NO 573 BAGH FARHAT AFZA
                           AISHBAG BHOPAL (MADHYA PRADESH)

                                                                                               .....APPLICANT
                           (BY SHRI E. N. SIDDIQUE - ADVOCATE)

                           AND

                           THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION AISHBAGH DISTRICT BHOPAL
                           (MADHYA PRADESH)
                                                                                            .....RESPONDENT

                           (BY SHRI JUBIN PRASAD - PANEL LAWYER AND SHRI RATNESH YADAV -
                           ADVOCATE FOR THE OBJECTOR)
                           ----------------------------------------------------------------------------------------
                                  This application coming on for admission this day, the court
                           passed the following:

                                                                ORDER

With the consent, finally heard.

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 10/31/2023 6:29:55 PM

2. This is first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail relating to Crime No.101/2023, registered at Police Station - Aishbagh, District Bhopal (M.P.) for the offences under Sections 420, 467, 468, 406, 506 and 120-B of the IPC.

3. Learned counsel for the applicant submits that except Section 457 of I.P.C., other offences are covered as per the judgment of Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. It is further submitted that as per prosecution story, the complainant and his friends were unemployed during COVID period. They met with present applicant through Salman and Faizan. The applicant allegedly assured them to provide Government service in Manav Sangrahalaya. The present applicant introduced the complainants to Uzma and other accused persons. The applicant took Rs.5,00,000/- from Salman and Rs.4,00,000/- from Faizan. In total, on different dates Rs.7,50,000/- were provided by complainants to the applicant. Some portion of said amount was paid in cash whereas some amount was transferred to petitioner's account. The applicant and her husband sent fabricated appointment orders to Salman and Faizan by post. They were given a forged training certificate and order and thereafter complainants paid Rs.4,70,000/- to Uzma and her husband Zaheeruddin. Since applicant and her husband stopped entertaining the phone of complainants, the complainant lodged the report.

4. Shri E. N. Siddique, learned counsel for applicant by placing reliance on para 6.6 of the bail application submits that the chart mentioned in this para shows the dates on which amount were

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 10/31/2023 6:29:55 PM

received, the description of amount and also dates on which said amount was transferred to Zaheer.

5. Learned E. N. Siddique, learned counsel for the applicant submits that the incident of taking money had taken place on 20.10.2020. The first letter was sent by complainants to I.O. Aishbag, Bhopal on 28.07.2022 and F.I.R. was lodged in April, 2023. There is an unreasonable and unexplained delay in lodging the F.I.R. There is no likelihood of applicant's absconding. The applicant will cooperate with the investigation/trial. Applicant has no criminal record. She is mother of a five year old child. Thus, she may be given benefit of anticipatory bail. He also placed reliance on Mahesh Babu v. State of M.P., 2021 SCC OnLine MP 4470, Jarnail Singh v. State of Punjab, (2022) 13 SCC 134, S.W. Palanitkar v. State of Bihar, (2002) 1 SCC 241, Sumedh Singh Saini v. State of Punjab, (2021) 15 SCC 588, Prema Bai v. State of M.P., 2022 SCC OnLine MP 3322, Dinesh Chandra v. State of U.P., 2011 SCC OnLine All 2475, Sheila Sebastian v. R. Jawaharaj, (2018) 7 SCC 581 and Mohd. Asfak Alam v. State of Jharkhand, (2023) 8 SCC 632.

6. The prayer is opposed by Shri Jubin Prasad, learned Panel Lawyer on the basis of case diary and Shri Ratnesh Yadav, learned counsel for objector also opposed the prayer.

7. I have heard the parties at length and perused the record.

8. The case diary contained a detailed complaint submitted before SHO, Police Station Aishbagh, Bhopal by the complainant on 27.07.2022. The F.I.R. was lodged on 06.04.2023. The Apex Court

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 10/31/2023 6:29:55 PM

has culled out the principles on which the anticipatory bail application may be tested. Relevant portion of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 reads as under :

"112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:

(i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

(ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;

(iii) The possibility of the applicant to flee from justice;

(iv) The possibility of the accused's likelihood to repeat similar or other offences;

(v) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her;

(vi) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people;

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 10/31/2023 6:29:55 PM

(vii) The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution because overimplication in the cases is a matter of common knowledge and concern;

(viii) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;

(ix) The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;

(x) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 10/31/2023 6:29:55 PM

113. Arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case. The court must carefully examine the entire available record and particularly the allegations which have been directly attributed to the accused and these allegations are corroborated by other material and circumstances on record."

9. In the instant case, there is no criminal antecedents of the applicant. There seems to be no possibility of applicant in fleeing from justice. There exists no material to suggest likelihood of repeating similar or other offences. In the opinion of this Court, if anticipatory bail is granted to the applicant, no prejudice would be caused to free fair and full investigation. The case is based on oral as well as documentary evidence. The applicant will not be able to tamper the evidence. In Siddharam Satlingappa Mhetre (supra), the Supreme Court made it clear that arrest should be the last option where arresting the accused is imperative. In the factual backdrop of this case, in the opinion of this Court, the applicant deserves an anticipatory bail.

10. Considering the aforesaid factual backdrop, I deem it proper to grant benefit of anticipatory bail to the applicant subject to conditions that she shall join the investigation immediately and shall not take any steps to influence the material/evidence in any manner.

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 10/31/2023 6:29:55 PM

11. Accordingly, in the event of arrest, applicant- Syed Hina Parveen be released on anticipatory bail on her furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand only) along with one surety in the like amount to the satisfaction of arresting officer for her appearance before the Investigating Officer during the course of investigation as and when directed.

12. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.

13. M.Cr.C is disposed of.

C.c. as per rules.

(SUJOY PAUL) JUDGE HK

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 10/31/2023 6:29:55 PM