Somchandra Mishra vs The State Of Madhya Pradesh
2024 Latest Caselaw 6049 MP

Citation : 2024 Latest Caselaw 6049 MP
Judgement Date : 28 February, 2024

Madhya Pradesh High Court

Somchandra Mishra vs The State Of Madhya Pradesh on 28 February, 2024

                                                            1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                              ON THE 28 th OF FEBRUARY, 2024
                                           MISC. CRIMINAL CASE No. 8108 of 2024

                          BETWEEN:-
                          SOMCHANDRA MISHRA S/O SHRI CHHEDILAL
                          MISHRA, AGED ABOUT 45 YEARS, OCCUPATION:
                          PRIVATE JOB VILLAGE SAKARIYA AMARKANTAK
                          ROAD POLICE STATION STATION TEHSIL AND
                          DISTRICT ANUPPUR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI ANIL KUMAR DWIVEDI - ADVOCATE FOR THE APPLICANT)

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

                                                                                       .....RESPONDENT
                          (BY SHRI ABHAY S. PATHAK - GOVERNMENT ADVOCATE FOR THE
                          STATE)

                                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 Crime No.341/2022 registered at Police Station - Anuppur, District- Anuppur (M.P.) for the offences under Sections 420, 467, 468, 471, 34 of IPC.

2. As per prosecution story, in short is that complainant met the applicant in connection with purchasing land then the applicant shown the land to him which the applicant declared that it is in his ownership, thereafter the

complainant paid Rs.5,00,000/- in advance but complainant came to know that the said land was not under the ownership of the applicant thereafter complainant asked to return his money then false cheque has been given to him. Therefore, FIR has been lodged.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has been falsely implicated in the case. It is submitted that applicant opened an accounted on post office through agent Prabha Tiwari wife of Shailendra Tiwari. Thereafter, in October, 2021 applicant told Prabha Tiwari that he want to open one another account in the Post Office and he also want to take insurance policy therefore she took signature of the applicant on several

documents and fraudulently took sign on a cheque. It is further submitted that applicant will co-operate in investigation and will appear before Investigating Officer. It is further submitted that applicant is ready to deposit an amount of Rs.2,50,000/- under protest. In these circumstances, applicant may be enlarged on anticipatory bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of anticipatory bail.

4. Heard the counsel for the parties.

5. Applicant is ready to deposit an amount of Rs.2,50,000/- under protest before concerned CJM and will co-operate in investigation of the case.

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

(i) Applicant shall deposit an amount of Rs.2,50,000/- (Rupees Two Lac Fifty Thousand Only) before Court of C.J.M, Anuppur (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.

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;