Arvind Kumar Chawariya And Others vs State Of Madhya Pradesh

Vishal Dhagat, J

This is the first bail application filed by applicants under Section 438 of Cr.P.C. for grant of anticipatory bail relating to Crime No.468 /2023, registered at Police Station-Raisen, District-Raisen (MP) for the offence under Sections 420, 406, 408, 418, 120-B, 34 of the IPC.

2 . Learned counsel appearing for the applicants submitted that some amount was wrongly credited into account of applicants. Applicants have no control if any amount is credited into their account. But before lodging of FIR, applicants learnt about it and amount has been returned. No loss has been caused to the State Government. Investigation of the case is over. In these circumstances, applicants may be released on anticipatory bail.

During course of the argument, it is informed that offence under Section 409 of the IPC is enhanced against the applicants and they will also be required to file bail application in respect of said offence otherwise they may not be released on anticipatory bail.

Learned Government Advocate appearing for the State also opposed the anticipatory bail and submitted that when inquiry was conducted, applicants learnt that they might be implicated in a criminal case, therefore, they returned the amount.

Heard learned counsel for the parties.

6 . All the offences under Section 409 of the IPC is punishable up to seven years of imprisonment. Applicants had returned the amount before lodging of FIR. No loss has been caused to the State Government. There is no chances that applicants will abscond from law. Applicants do not have any criminal antecedent.

In these circumstances, anticipatory bail application filed by the applicants is allowed. It is directed that in the event of arrest of applicants in connection with the aforesaid crime number and the offences, they be released o n bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicants shall abide by the following conditions under Section 438(2) of Cr.P.C:-

(a) Applicants shall make themselves available for interrogation by a Police Officer as and when required;

(b) they shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) they shall not leave India without the previous permission of the Court;

(d) they shall not commit similar offence, of which, they are accused or suspected.

Learned counsel appearing for the applicants is directed to amend the cause title and add Section 409 of the IPC during course of the day in the bail application.

Certified copy as per rules.