Abhishek Sharma vs State of M.P

The applicant has filed this first bail application u/S.438 Cr.P.C for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No.265/2020 registered at police Station, City Kotwali, Distt. Morena, for the offence punishable under Sections 420, 406, 120-B of IPC.

It is the submission of learned counsel for the applicant that he is apprehending his arrest on the basis of registration of offences referred above. Main allegations are against present applicant in respect of offence under Sections 420 and 406 of IPC, but it is the submission of learned counsel for the applicant that due diligence has been taken by the applicant regarding conduct of the complainant and when he did not respond affirmatively over the proposals of applicant and directions of officers of Eicher Tractors to maintain dealership transactions, then compelled by the circumstances, applicant had to start the venture afresh. The dispute is mainly Civil in nature, as it pertains to commercial transaction, therefore, to exert pressure, this device has been adopted by the complainant. Still applicant is ready to settle any civil liability, if any exists. He does not bear any criminal record and confinement would bring social disrepute and personal inconvenience. He relied upon the judgments of the Apex Court in the cases of Joseph Salvaraj A. vs. State of Gujarat and others, (2011) 7 SCC 59, Inder Mohan Goswami and another vs. State of Uttaranchal and others, (2007) 12 SCC 1 and Pepsi Foods Ltd. and another vs. Special Judicial Magistrate and others, (1998) 5 SCC 749 and submits that when dispute between the parties constitutes only a civil wrong, then present applicant cannot be ostracized over the pretext of criminal wrong/liability. He undertakes to cooperate in investigation/trial and would not be source of embarrassment/harassment to the complainant party in any manner and would try to redress the grievance of the complainant, if any. He further undertakes to perform community service and to serve national/environmental cause, if any. On such premises, he prayed for anticipatory bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Learned counsel for the complainant opposed the prayer and submits that applicant is not serious about settlement and is trying to evade his responsibility.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the fact situation and submissions so made, but without expressing any opinion on the merits of the case, this Court is inclined to allow the application under Section 438 of Cr.P.C. It is directed that applicant shall be released on bail in case of his arrest on furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with two solvent sureties in the like amount to the satisfaction of Arresting Authority/Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

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.

The applicant will not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial ;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The applicant shall appear before the investigation officer as and when required and would cooperate in the investigation.

The applicant shall appear before the police station concerned on every Monday and Friday between 10.30 am to 1.30 pm till filing of the charge-sheet for assistance in investigation.

Applicant shall deposit Rs.5,000/- in Army Central Welfare Fund having A/C No.520101236373338 of Corporation Bank, Chandani Chowk Delhi, within a period of one month from the date of this order.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, from the office of this Court.

Certified copy/ e-copy as per rules/directions.