Anand Tiwari And Another vs State Of M.P.

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard learned counsel for the parties. Case diary perused.

This is first bail application under Section 438 of the Cr.P.C preferred for grant of anticipatory bail.

Applicants apprehend arrest in connection with Crime No.. 735/2020 registered at Police Station City Kotwali Dittrict Morena (M.P.) for the offences punishable under Sections 420 and 120-B of the IPC.

Allegations against the applicants in short are that they had taken a contract from Bharti Airtel for laying of optical fiber cable. The complainant was given contract by applicants for work amounting to Rs. 11,48,000/- on certain terms and conditions under the written contract. Even after completion of the work by the complainant, applicant did not pay any amount. Request was made to the applicants quite a number of times then they issued two cheques in favour of the complainant for amount of Rs. 1,80,000/- and Rs. 4,43,000/-. The said cheques were dishonored on the ground of insufficient fund. Again on the request of the complainant, applicants assured him that they would make payment, therefore, complainant was requested to present both the cheques again to the bank for clearance. Cheques were again dishonored thereby applicants have committed cheating. On the aforesaid basis, crime has been registered.

Learned counsel for the applicants submitted that they have falsely been implicated in the matter. They have neither cheated the complainant nor prepared forged documents The matter is purely of civil nature. Complainant has already filed a case under Section 138 of the Negotiable Instrument Act which is pending. Moreover, applicants have deposited about Rs. Five Lakhs in the account of complainant bearing No. 902810100101755. The amount has been deposited in the aforesaid account on the basis of blank cheque given by the complainant himself, therefore, plea that amount has not been deposited is absolutely false. Learned counsel for the applicants further submitted that in view of COVID-19 outbreak, detention of applicants in already congested prisons may be detrimental. It is submitted that applicant is permanent resident of Mumbai and there is no likelihood of absconsion or tampering with the prosecution evidence. With the aforesaid submissions prayer for grant of anticipatory bail is made.

On the other hand, learned Additional Advocate General opposed the prayer for grant of anticipatory bail. It is submitted that investigation is pending and custodial interrogation may be required in the matter, therefore, prays for rejection of anticipatory bail.

Taking into consideration the facts and circumstances of the case, it appears that element of cheating is not involved in the present case and the dispute arose out of the contract which is purely of civil nature and complaint under Section 138 of the Negotiable Instrument Act is already pending and some part of the amount has been deposited in the account of the complainant, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicants.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicants, they shall be released on bail on furnishing a personal bond of Rs 1,00,000/- (Rupees One Lakh only) each with two local sureties each of Rs.50,000/- (Fifty Thousand Only) of the like amount to the satisfaction of Arresting Authority. The applicants shall also furnish a written undertaking that they will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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

The applicants shall install Aarogya Setu App (if not already installed) in his mobile phone.

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be.

The applicants will not indulge themselves 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 applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

The applicants will not seek unnecessary adjournments during the trial; and

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

Learned Additional Advocate General is directed to send an e- copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court. Certified copy/e- copy as per rules/directions.