Citation : 2025 Latest Caselaw 1585 MP
Judgement Date : 15 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:31759
1 MCRC-26386-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 15 th OF JULY, 2025
MISC. CRIMINAL CASE No. 26386 of 2025
VIRENDRA RAJAK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ravi Shankar Yadav - Advocate for the applicant.
Shri Ram Jee Shukla - Advocate for the Objector/complainant.
Shri C.M. Tiwari - Government Advocate 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. 284/2025, registered at Police Station Vijay Nagar, Jabalpur District Jabalpur (M.P.) for offence punishable under Sections 420, 406, 34 of IPC.
2. As per the prosecution story, present FIR arises from a commercial agricultural transaction based on a written agreement involving harvesting,
processing, transportation of crops, which duly carried out by the applicant and fulfill all the condition which was mentioned in the agreement even though it is alleged that applicant has sold out the crops and not given the amount to the complainant therefore, the aforesaid offence has been registered against the present applicant.
3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated. It is further submitted that there is civil dispute
NEUTRAL CITATION NO. 2025:MPHC-JBP:31759
2 MCRC-26386-2025 between the parties. It is submitted that an affidavit has been filed on behalf of the applicant in which it is mentioned that he is ready to deposit Rs. 25,00,000/- but during the argument this fact has come that the total disputed amount is Rs. 36,68,250/- and now applicant is ready to deposit whole amount of Rs. 36,68,250/- under protest. There is no need of custodial interrogation of the applicant. Therefore, it has been prayed that the applicant may be released on anticipatory bail.
4. Learned counsel for the Objector/complainant has submitted that as applicant is ready to deposit the whole amount of Rs. 36,68,250/- under protest therefore, he has no objection in granting anticipatory bail to the applicant. 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. 36,68,250/- (Rupees Thirty Six Lacs Sixty Eight Thousand and Two Hundred Fifty Only) before Court of C.J.M, Jabalpur (M.P.) 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.
6. 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
NEUTRAL CITATION NO. 2025:MPHC-JBP:31759
3 MCRC-26386-2025 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.
7. 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;
(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
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