Vipin Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 18190 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                              ON THE 31 st OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 46318 of 2023

                           BETWEEN:-
                           VIPIN SONI S/O LATE SHRI MADHAV PRASAD SONI,
                           AGED ABOUT 38 YEARS, R/O UMRI SATNA P.S. CIVIL
                           LINE DISTRICT SATNA (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI ADITYA JAIN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI DISTRICT KATNI (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI Y.D.YADAV - GOVT. ADVOCATE &
                           SHRI ALOK TIWARI - ADVOCATE FOR OBJECTOR)

                                 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.439/2023 registered at Police Station-Kotwali District-Katni (MP) for the offences under Sections 406 of IPC.

2. Learned counsel appearing for the applicant submitted that applicant submitted his resignation to Company on 19.05.2022. After submission of resignation, Company has made false allegation that applicant has misappropriated Rs.5,67,469/-. Counsel appearing for applicant submitted that Signature Not Verified Signed by: NEETI TIWARI Signing time: 01-11-2023 16:49:30

as an afterthought, false allegations were made against applicant. In these circumstances, applicant may be granted anticipatory bail.

3 . Learned Government Advocate appearing for the State as well as counsel appearing for Objector opposed the application for grant of anticipatory bail. It is submitted by them that applicant has recovered the money from market as he was salesman. After recovering the money, he misappropriated the same and submitted resignation. Company learnt about the aforesaid and filed FIR against him. It is further submitted that if applicant is granted anticipatory bail, then it will not be possible to recover the amount from the applicant, therefore, anticipatory bail may not be granted to applicant.

4. At this stage, counsel appearing for applicant submitted that applicant is ready to deposit an amount of Rs.5,67,469/- under protest and same may be kept in the form of FDR by CJM and said FDR may be subject to final judgment which will be passed by the Court.

5. Heard the counsel for the parties.

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

(i) Applicant shall deposit an amount of Rs.5,67,469/- before Court of C.J.M, Katni (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 Signature Not Verified Signed by: NEETI TIWARI Signing time: 01-11-2023 16:49:30

crime number and the offences, he be released on anticipatory bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

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: 01-11-2023 16:49:30