Harshlal Dwivedi vs State Of Madhya Pradesh

This is the first bail application under Section 438 of CrPC for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.256/2019 registered at Police Station Misrod District Bhopal for the offences punishable under Sections 420, 465, 467, 471 and 120-B of the Indian Penal Code. At the relevant point of time, the applicant was working as Deputy General Manager of M/s Bombay Intelligence Security (India) Ltd. Bhopal Branch.

As per the prosecution case, the applicant is alleged to have committed cheating with BIS Company by providing employment to his near relatives on the post of Medical Officers though they were not eligible and qualified for the said post and in the course of which, their salary were drawn by the applicant in a fraudulent manner by way of forged and fictitious documents and thus received Rs.18,87,782/- as salary from BIS company during the period from January 2014 to March, 2016.

Learned Senior Counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated. According to him, appointment letters have not been issued by the applicant at any point of time. The applicant has not prepared any forged and fabricated documents neither he involved in any such type of cheating. There is no direct or indirect involvement of the applicant in the commission of the offence. The applicant is permanent resident of District Bhopal and ready to furnish adequate surety and shall abide by all terms and conditions imposed upon him. There is no likelihood of his absconding or tampering with the prosecution witness. Hence, a prayer is made to enlarge the applicant on anticipatory bail.

Per contra, learned counsel appearing on behalf of the State as well as learned counsel for the Objector vehemently opposes the application and prayed for rejection. According to learned counsel for the objector, the applicant who was posted as Deputy General Manager in Bhopal Branch of BIS Company, received huge amount of Rs.18,87,782/- from the Company in the name of salary of so-called employees namely Sandeep Tripathi, Jeevendra Pandey, Geeta Mishra and Neha Mishra during the period from January 2014 to March 2016 and those employees have been appointed by the applicant on the post of Medical Officer in IISER Bhopal. On enquiry, it was found that those employees were never employed by M/s Bombay Intelligence Security (I) Ltd. at any point of time and the applicant committed forgery during his service period in order to have wrongful gain and thereby committed the aforesaid offences. Attention has also been invited to the fact that the applicant is not cooperating with the investigation.

Heard learned counsel for the respective parties and perused the case diary.

It appears from case diary that the FIR has been lodged against the applicant on 17.04.2019. Still the applicant is absconding and is avoiding arrest and is not cooperating with the investigation. Further, according to the FIR, there are allegations against the applicant in respect of misappropriation of an amount of Rs.18,87,782/-.

Keeping in view aforesaid facts and circumstances of the case, the conduct of the applicant and the nature of allegations levelled against him coupled with the fact that he is still absconding, this Court is of the view that it is not a fit case in which discretion of granting anticipatory bail may be exercised.

The application filed u/S 438 CrPC stands dismissed.