[Cites 9, Cited by 0]
Madhya Pradesh High Court
Ram Prasad Shrivastav vs The State Of Madhya Pradesh on 12 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8620
1 MCRC-10678-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 12th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10678 of 2026
RAM PRASAD SHRIVASTAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nitin Goyal - Advocate for applicant.
Shri Rajeev Shrivastava - Advocate for respondent [R-1].
ORDER
The present first application has been filed by the applicant under
Section 482 of BNSS for grant of anticipatory bail to the applicant, who is
apprehending his arrest in connection with Crime No.09/2006 registered at
Police Station Economic Offences Wing, Gwalior (M.P.) for offence
punishable under Sections 409, 420, 467, 468, 471, 477, 120-B of IPC and
Sections 13(1) D, 13(2) of Prevention of Corruption Act.
The prosecution case, in brief, is that a complaint was received
alleging that employees of the District Cooperative Central Bank Ltd., Datia
including the applicant/accused and other co-accused had, over the past 15
years, conspired to cause financial loss to the bank by making fraudulent
entries in various branches and illegally withdrawing amounts. Based on this
complaint, the Economic Offences Bureau Headquarters
registered Complaint No. 104/05 dated 29.09.2005. On verification of the
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said complaint, Crime No. 09/2006 was registered against the
applicant/accused and other co-accused persons, and the matter was taken up
for investigation. During investigation, it was found that the then Branch
Manager of the District Cooperative Bank, Datia, Ramgopal Sahu, in
collusion with the applicant/accused, other employees, and certain private
individuals, had made fraudulent entries in the bank accounts and unlawfully
transferred the amounts to their own and their relatives' accounts. Thereafter,
they withdrew the money illegally, causing financial loss to the bank.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case and is completely innocent. As per the
prosecution story, the present applicant maintains Account No. 12293 at the
Datia Branch of the Bank, in which a balance of Rs.120/- existed prior to
10.05.2004. It is alleged that on 10.05.2004, with the intention of extending
unlawful benefit to the account holder, a fraudulent entry of Rs.1,70,000/-
was made in the said account. Thereafter, an amount of Rs.1,65,000/- was
allegedly withdrawn and misappropriated in connivance with Govind Sharan
Shrivastava, the then Committee Manager. Learned counsel further submits
that the entire amount which is alleged to have been credited into the bank
account of the applicant has already been deposited by the applicant. It is
also submitted that the applicant is a permanent resident of District Datia and
there is no likelihood of his absconding or tampering with the prosecution
evidence. The applicant is ready and willing to cooperate with the
investigation as well as the trial and undertakes to abide by any condition
that may be imposed by this Hon'ble Court. Learned counsel further submits
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that, in order to demonstrate his bona fides, the applicant is ready and willing
to deposit a sum of Rs.25,000/- with the High Court Bar Association,
Gwalior. In view of the aforesaid facts and circumstances, it is humbly
prayed that this Hon'ble Court may be pleased to extend the benefit of
anticipatory bail to the present applicant.
Per contra, learned counsel appearing for the respondent opposes the
anticipatory bail application and prays for its rejection. However, he fairly
concedes that the amount which was credited into the bank account of the
applicant has already been deposited by the applicant.
Heard learned counsel for the parties and perused the case diary.
Considering the totality of facts and circumstances of the case, the
arguments advanced by learned counsel for the rival parties, without
commenting on the merits of the case, this Court is of the considered opinion
that the applicant has made out a case for grant of anticipatory bail.
Accordingly, it is directed that in the event of his arrest, the applicant
shall be released on bail upon furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety in
the like amount, to the satisfaction of the Arresting Authority or
Investigating Officer.
This order will remain operative subject to compliance of the
following conditions 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 investigation/trial, as the case may be,
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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/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
4. The applicant shall not commit any offence during the period of
bail,
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.
7. The applicant shall deposit the amount of Rs.25,000/- (Rupees
Twenty Five Thousand) at the time of furnishing bail in the account of the
High Court Bar Association, Gwalior, towards the welfare and rehabilitation
of its members.
A copy of this order be sent to the concerned Court/Police Station for
compliance.
C.C. as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
