Nanakram Thakre vs The State Of Madhya Pradesh
2025 Latest Caselaw 3463 MP

Citation : 2025 Latest Caselaw 3463 MP
Judgement Date : 29 January, 2025

Madhya Pradesh High Court

Nanakram Thakre vs The State Of Madhya Pradesh on 29 January, 2025

         NEUTRAL CITATION NO. 2025:MPHC-JBP:4442




                                                               1                           MCRC-56267-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       BEFORE
                                    HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                                  ON THE 29th OF JANUARY, 2025
                                            MISC. CRIMINAL CASE No. 56267 of 2024
                                                     NANAKRAM THAKRE
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Shri Sourabh Bhushan Shrivastava - Advocate for the applicant.
                                   Shri Atmaram Ben - Dy.G.A. 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 Assistant Development Extension Officer of Janpad Panchayat committed negligence in performing his duties because of which the other accused persons were able 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. Applicant is 55 years

NEUTRAL CITATION NO. 2025:MPHC-JBP:4442

2 MCRC-56267-2024 old retired government servant. The allegation against the present applicant is that being an Secretary Gram Panchayat, he has committed negligence in performing his duties, due to which other accused persons were able to commit the offence of cheating or embezzlement. It is further submitted that an enquiry was conducted and in the enquiry report dated 14.07.2020, it is found that Sarpanch' husband Mahendra, Deepak Gurjar, Rakesh Gurjar and Asharam are found to have been involved in the offence of cheatingbut the present applicant was found responsible only for lapse of not performing 'monitoring' of the said work. It is also submitted that he has not embezzled any amount. Applicant has no criminal record. There are eight accused persons in the present case. 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

NEUTRAL CITATION NO. 2025:MPHC-JBP:4442

3 MCRC-56267-2024 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 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;