Devendra Kumar vs State Of Madhya Pradesh

Subodh Abhyankar, J

01] They are heard and perused the case diary.

02] This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.58/2023 registered at Police Station-Economic Offence Wing, District Ujjain (MP) for offence punishable under Sections 409, 420, 467, 468,471 & 120-B of the Indian Penal Code and under Section 7 of Prevention of Corruption Act, 1988.

03] Allegation against the applicant is that he was posted as Deputy Manager of State Bank of India, Branch- Magariya, Shajapur wherein gold loan of Rs.1,02,51,252/- was extended to about various persons.

04] At the outset, learned counsel for the applicant has submitted that in an identical case in respect of another branch at Sahajapur the Chief Bank Manager, Sudhir Kumar Thakur has already been extended benefit of anticipatory bail by this Court in MCRC.No.5583/2024 (Sudhir Kumar Thakur Vs. State of M.P.), and the case of the applicant is identical to that of the present applicant.Thus, it is submitted that the application be allowed, and he be released on anticipatory bail.

05] Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that looking to the amount of defalcation, no case for grant of anticipatory bail is made out.

06] Heard. On due consideration of the rival submissions, on perusal of the case diary and also the order dated 1.3.2024 passed by this Court in MCRC.No.5583/2024 (Sudhir Kumar Thakur Vs. State of M.P.) this Court finds force on the submission advanced by learned counsel for the applicant and is of the opinion that identical allegation were also levelled upon the Sudhir Kumar Thakur who was also Chief Manager in the same bank however in different branch, thus, if the applicant is arrested at this juncture, then irreparable injuries shall be suffered by him and his family members, and his reputation in the society would also be tarnished.

07] In view of the same, the custodial interrogation of the applicant does not appear necessary, and it is a fit case for grant of anticipatory bail. Accordingly, the application is hereby allowed.

08] It is directed that in the event of his arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) each and furnishing one solvent surety each in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). Applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Certified copy, as per rules.