Ankit Kuchiya vs State Of Madhya Pradesh

Vishal Mishra, J

This is first application under Section 438 of CrPC for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.47/2021 registered at Police Station Alampur, District Bhind for offence under Sections 409, 420 and 34 of IPC.

Heard on I.A. No.30106/2021, an application under Section 301 (2) of CrPC for assisting the State counsel.

For the reasons mentioned in the application, the same is allowed.

Shri Mohit Shivhare, Advocate and his associates are permitted to assist the State counsel.

It is pointed out by learned counsel for the applicant that the FIR has been registered as an outcome of a business transaction and efforts are being made by the applicant as well as his father to return the amount and some affidavits have already been filed. It is further submitted that father of the applicant is the sole proprietor of the firm and the applicant has nothing to do with the business. He is further ready and willing to abide by all the terms and conditions imposed by this Court while considering the anticipatory bail application of the applicant.

Per contra, learned State counsel as well as learned counsel for the complainant opposed the anticipatory bail application and have submitted that the complaint was made in June, 2021 and till date the applicant and his father are absconding and are not cooperating in the investigation. It is further submitted that there are some other persons also involved in the present case who have not come before this Court and investigation is still pending in the matter. Hence, prayed to reject the anticipatory bail application.

Learned counsel for the applicant submits that as the applicant has nothing to do with the firm itself and his father is the sole proprietor of the firm, therefore, he will surrender before the trial Court.

Heard learned counsel for the rival parties and perused the case diary. Considering the facts and circumstances of the case as well as the undertaking given by the counsel for the applicant, the application is allowed, subject to the condition that the father of the applicant namely Ramjisharan Kuchiya surrenders before the trial Court.

It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of Arresting Authority.

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 shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

and

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

Till conclusion of investigation, the applicant will mark his attendance at the concerned Police Station twice a week.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.