Manoj Tomar vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is first application under section 438 of the Code of Criminal Procedure.

Applicant apprehends arrest in connection with Crime No. 734/2019 registered at Police Station Bahodapur, District Gwalior for the offence punishable under section 420, 406, 294, 506, 34 of the IPC.

Allegations against the applicant, in short, is that he alongwith co-accused Harish Chandra Tomar had borrowed a sum of Rs.20 lakhs and Rs.25 lakhs respectively, in the purpose of business for a period of 11 months. After expiry of period, the applicant gave a cheque of Rs.20 lakhs to the complainant which was dishonored and the complainant has already filed a dispute under Section 138 of Negotiable Instrument Act. On the basis of aforesaid, the crime has been registered against the applicant.

Learned counsel for the applicant submits that applicant is aged 41 years, who has no criminal past alleged against him. The applicant has been falsely implicated in the present case. This dispute is purely civil nature, offence under Section 420 of I.P.C is not made out and there is no allegation of beating or causing injury. Applicant is permanent resident of the Dist. Gwalior and there are no chances of his absconding or tampering with the prosecution evidence. He shall abide by the terms and conditions as may be imposed by this Court. Under these circumstances, applicant prays for anticipatory bail.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing a personal bond of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.

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

He will comply with all the terms and conditions of the bond executed by him;

He will cooperate in the investigation/trial, as the case may be;

He 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;

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

He will not seek unnecessary adjournments during the trial; and

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

Certified copy as per rules.