Nandkishore vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

2] This is the first bail application filed by applicant under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023/438 of Cr.P.C ) for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.278/2023 registered at police station Garoth, District Mandsaur, for the offences punishable under section 409,420 and 120-B of IPC.

3] Allegation against the applicant is of his involvement along with the other co-accused in the aforesaid case of embezzlement to the tune of Rs.14,10,000/- along with the other co-accused, as it is alleged that certain loans were obtained on fictitious IDs.

4] Counsel for the applicant has submitted that, so far as the present applicant is concerned the amount relatable to him is Rs.60,000/- only, which amount the applicant is ready to deposit.

5] Counsel for the applicant has drawn the attention of this Court to the bail order of coaccused Krishnapal Singh, who has already been granted bail by this Court vide order dated 24/2/2026 passed in MCRC.No.8272/2026 subject to depositing a total sum of Rs.3,30,000/- (Rupees Three Lakhs Thirty Thousand only), which was attributable to him. It is further submitted that no other criminal case has been registered against the applicant. Thus, it is prayed that the present application may be allowed on the ground of parity.

6] Counsel for the respondent/State, on the other hand, has opposed the prayer.

7] On due consideration of the rival submissions and perusal of the documents filed on record and the fact that the applicant is ready to deposit the amount of Rs.60,000/-, this Court is of the considered opinion that the custodial interrogation of the applicant is not necessary in the present case. Thus, without reflecting anything on the merits of the case, the application filed under Section 438 of Cr.P.C. on behalf of the applicant is hereby allowed, subject to the deposit a total sum of Rs. 60,000/- (Rupees Sixty Thousand only).

8] Accordingly, this application is allowed. It is directed that upon applicant's or any other person on his behalf depositing a sum of Rs.60,000/- (Rupees Sixty Thousand only) in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court, in the event of 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) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'. The 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.

9] It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the trial Court itself, who shall decide the same in accordance with law.

10] The M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.

C.c. as per rules.