Neeraj Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 13819 MP

Madhya Pradesh High Court

Neeraj Gupta vs The State Of Madhya Pradesh on 13 May, 2024

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                                 ON THE 13 th OF MAY, 2024
                                        MISC. CRIMINAL CASE No. 18610 of 2024

                          BETWEEN:-
                          NEERAJ GUPTA S/O SHRI SHYAMLAL GUPTA, AGED
                          ABOUT 46 YEARS, OCCUPATION: BUSINESS R/O HOUSE
                          NO 55- (GHA) GALLA MANDI CHOURAHA STATION
                          GANJ   NARSINGHPUR    TEHSIL AND      DISTRICT
                          NARSINGHPUR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI V.K.SHUKLA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          S T A T I O N KOTWALI DISTRICT NARSINGHPUR
                          (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY SHRI A.S.PATHAK - GOVERNMENT ADVOCATE)

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

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.144/2024, registered at Police Station Kotwali District Narsinghpur (M.P.) for the offences punishable under Sections 420, 406, of the IPC.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and falsely implicated in the present case. The present applicant even then he is ready to deposit an amount of Rs.50,000/- under protest. In these

circumstances, applicant may be granted anticipatory bail.

3. Learned counsel for the State has opposed the grant of anticipatory bail to the applicant.

4. Heard the counsel for the parties.

5. Applicant is ready to deposit an amount of Rs.5,00,000/- 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.50,000/- (Rupees Fifty Thousand Only) before Court of C.J.M, Narsinghpur (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 of Rs.50,000/- (Rs.Fifty Thousand 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;

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.

(PRAMOD KUMAR AGRAWAL) JUDGE anu