Naresh Jain vs State Of Mp

Applicant apprehends arrest in connection with Crime No. 784/2019 registered at Police Station Morar, District Gwalior for the offence punishable

under section 420, 406, 467 & 468 of IPC.

Allegations against the applicant in short is that applicant was working as Secretary of Digambar Jain Panchayati Mandir, Morar (registered society)

and after election held in the year 2018, a new team was elected. In furtherance thereof, the applicant had submitted two balance sheet for the last

nine (9) years along with other office bearers and difference of amount was found in the said two balance sheets and, therefore, it is alleged that the

applicant had committed misappropriation of fund by misusing the post holding by the applicant at that relevant time. On the basis of aforesaid, crime

has been registered against the applicant.

Learned counsel for the applicant submits that applicant aged 55 years is a ex-secretary of the said society, who has no criminal past alleged against

him. It is submitted that there is no direct or indirect connection of the applicant with the present matter. It is further submitted that due to counter

blast of the election which is still pending, the applicant has been falsely implicated in the matter. It is further submitted that offence under sections 467

& 468 of IPC is not made out against the applicant as there is no allegation of cheating or creation of forged documents against the applicant. No

specific role has been assigned to the present applicant. The applicant is permanent resident of District Gwalior and is ready to abide by the terms and

condition which may be imposed by this Court and there is no apprehension of his tampering with the prosecution evidence. Under such

circumstances, he prays for grant of anticipatory bail.

Learned Public Prosecutor for the State opposed the application on the ground that investigation is pending and custodial interrogation of the applicant

is required 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. 1,00,000/-(Rupees One Lakh only) with two local solvent sureties 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 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.

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

Certified copy as per rules.