Madhya Pradesh High Court
Aayush Dhar Badgaiya vs State Of Mp on 4 April, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:16429
1 MCRC-13889-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 4 th OF APRIL, 2025
MISC. CRIMINAL CASE No. 13889 of 2025
AAYUSH DHAR BADGAIYA
Versus
STATE OF MP
Appearance:
Shri Ashok Kumar Mishra - advocate for the applicant.
Shri Manoj Kumar Singh - Panel Lawyer for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 482 of
Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the
applicant, who is apprehending his arrest in connection with Crime No.545/2024,
registered at Police Station Samnapur, District Dindori (M.P.) for offence
punishable under Sections 318(4) of B.N.S.
2. As per the prosecution story, the allegation against the present applicant
is that he cheated the complainant on the pretext of providing job and in lieu
thereof obtained Rs.1,87,000/- from him. On the basis of which, the offence has
been registered against the present applicant under the aforesaid section.
3. Learned counsel for the applicant submitted that applicant is innocent and
has been falsely implicated. It is submitted that the applicant and the complainant
are friends and there was money transaction between both the parties. It is further
submitted that the applicant is ready to deposit the disputed amount Rs.1,87,000/-
under protest. There is no criminal antecedents of the applicant. There is no need
of custodial interrogation of the applicant. The conclusion of trial will take
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considerable time. Therefore, it has been prayed that the applicant may be released
on anticipatory bail.
4. On the other hand, learned counsel for State has opposed the grant of bail
to the applicant and prayed for it's rejection.
5. Considering aforesaid circumstances, anticipatory bail application filed
by the applicant is allowed on following conditions:-
(i) Applicant shall deposit an amount of Rs.1,87,000/- (Rupees One Lac
Eighty Seven Thousand Only) before Court of C.J.M, Dindori (MP) within 30
days from today 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.50,000/- (Rs.Fifty Thousand only) with one solvent surety of the
like 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 :
(a) The applicant will comply with all the terms and conditions of the bond
executed by him;
(b) The applicant will cooperate in the investigation/trial, as the case may
be;
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(c) 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;
(d) The applicant shall not commit offence similar to the offence of which
he is accused;
(e) The applicant will not seek unnecessary adjournments during the trial;
and
(f) 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
mohsin
