Radhe Shyam Meena vs State of Madhya Pradesh

Appearing counsel for the parties are heard on alleged first anticipatory bail application filed before this Court on behalf of applicant under Section 438

of the Cr.P.C. in relation to Crime No.119/2018 registered at Police Station Ambah, District Morena in reference to offences punishable under

Section 420 & 406 of IPC and the produced case diary and papers filed on behalf of applicant are perused.

Applicant's anticipatory bail application filed under the same provision has already been dismissed by First Additional Sessions Judge, Ambah District

Morena vide order dated 23.04.2018, whose certified copy is annexed with the application under consideration.

It is submitted by learned counsel for the applicant that present applicant was posted as Cashier at the relevant time in relating State Bank of India

branch and he has been falsely implicated in the crime and even according to the prosecution's case, present applicant as cashier has processed only

two withdrawal forms submitted in relating bank branch and relating withdrawals were finally passed by applicant's superior officers and this Court

vide its order dated 13.04.2018 in M.Cr.C. No.11525/2018 has already granted benefit of anticipatory bail to co-accused-Tara Chand Mahore who

was posted as Branch Manager in same branch at relevant time and applicant's case is not more serious than above mentioned Tara Chand Mahore

and placing reliance on copy of bank's internal enquiry conducted by Vijay Kumar Jindal, it is also contended that applicant's case is fit for granting

him benefit of anticipatory bail.

Per contra, above mentioned prayer has been strongly opposed by learned Public Prosecutor.

Considering the rival contentions of learned counsel for the parties, without commenting on the merits of the case, it appears that even prior to lodging

of FIR, an in-house enquiry was conducted which clearly shows that as per the banking norms the withdrawal forms submitted in relating bank branch

were passed by relating bank officers and as above mentioned co-accused has already been granted bail and there is no possibility of applicant's

fleeing from justice, anticipatory bail application filed by the applicant is allowed, subject to the condition that if the applicant appears before the

Investigating Officer (Arresting Authority) on or before 22.06.2018, he shall

be released on bail on his furnishing a personal bond in the sum of Rs. 40,000/- (Rs. Forty Thousand Only) with one surety in the like amount to the

satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other

conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 22.06.2018, then this

order in respect of the applicant shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

Case diary be returned.

C.C as per rules.