Rajeev Narayan vs State of Madhya Pradesh

This is the first application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime/FIR No.785/2022 registered at Police Station Shahpur, District Betul for the offences under Section 420, 409 and 34 of IPC.

As per the prosecution case, a report at the instance of CEO, Janpad Panchayat, Shahpur was lodged with the police on 10.12.2022 to the effect that under the MNREGA for the period between 19.10.2020 and 21.03.2021 Rs.70 Lacs has been embezzled whereon a case as mentioned above has been registered against the accused persons.

Learned counsel for the applicant submits that the applicant superannuated on 31.12.2022. He was not named in the FIR nor in the statement of the any of the accused person and has been falsely implicated in the case after his superannuation. He submitted that he had no role to play in the alleged offence. It is further submitted that the applicant is permanent resident of District Bhopal and there is no likelihood of his absconding. Trial will take time to reach its conclusion. Hence, prays that the application be allowed and the applicant be enlarged on anticipatory bail.

Learned counsel for the respondent/State has vehemently opposed the bail application.

Considering overall facts and circumstances of the case, but without commenting on the merits of the case, this application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh only) with one surety in the like amount to the satisfaction of arresting officer.

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

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

The applicant will make himself available as and when called for interrogation and cooperate in the investigation/trial, as the case may be;

The applicant 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant will not seek unnecessary adjournments during trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.

Certified copy as per rules.