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Deepak Gurjar vs The State Of Madhya Pradesh
2025 Latest Caselaw 7462 MP

Citation : 2025 Latest Caselaw 7462 MP
Judgement Date : 2 April, 2025

Madhya Pradesh High Court

Deepak Gurjar vs The State Of Madhya Pradesh on 2 April, 2025

          NEUTRAL CITATION NO. 2025:MPHC-JBP:16108




                                                               1                              MCRC-9248-2025
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        BEFORE
                                     HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                                     ON THE 2 nd OF APRIL, 2025
                                               MISC. CRIMINAL CASE No. 9248 of 2025
                                                       DEEPAK GURJAR
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                           Appearance:
                                 Shri Siddhant Kochar - Advocate for the applicant.
                                 Shri Atmaram Ben - Government Advocate for the respondent/State.

                                                                 ORDER

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C./482 of B.N.S.S. for grant of anticipatory bail apprehending his arrest, as he is under apprehension of his arrest, in connection with Crime No.48/2024, registered at Police Station Narmada Nagar, District Khandwa (M.P.) for the offences punishable under Sections 420, 406, 409 and 120-B of the IPC.

2. As per prosecution story, allegation against the applicant is that being Kiosk Operator at Narmada Jhabua Gramin Bank he has assisted the other co-

accused persons to commit the offence of cheating. Therefore, the aforesaid offence has been registered against the applicant.

3. Learned counsel appearing for the applicant submitted that applicant is innocent and falsely implicated in the present case. It is further submitted that the money has been withdrawn by the other co-accused persons and present applicant has no role in withdrawing the money. The execution of enquiry report conducted by the Chief Executive Officer, Janpad Panchayat, Khandwa has been stayed by

NEUTRAL CITATION NO. 2025:MPHC-JBP:16108

2 MCRC-9248-2025 the Commissioner, Indore. Applicant has no criminal record. There is no need of custodial interrogation of the applicant in this case. Co-accused Nanakram Thakre, Anand Kumar Jain and Rakesh Gurjar have been enlarged on anticipatory bail by this Court. It is further submitted that although there is no allegation of cheating or embezzlement of money against the present applicant even then he is ready to deposit an amount of Rs.5,00,000/- under protest. In these circumstances, applicant may be granted anticipatory bail.

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

5. Heard the counsel for the parties and perused case diary.

6. 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.

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

(i) Applicant shall deposit an amount of Rs.5,00,000/- (Rupees Five Lakh Only) before Court of C.J.M, Khandwa (MP) which shall 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.

8. 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.1,00,000/- (Rs.One Lac only) with one solvent surety of the like

NEUTRAL CITATION NO. 2025:MPHC-JBP:16108

3 MCRC-9248-2025 amount to the satisfaction of the Investigating Officer/Arresting Authority.

9. 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

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