Ranjit D. Bhake vs State Of Madhya Pradesh

J. P. Gupta, J

This is first bail application filed by the applicant/accused under Section 438 of Cr.P.C for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.244/2020 registered at Police Station-Khamariya, Jabalpur (MP) for offences punishable under Sections 420, 294, 506 of IPC.

Learned counsel for the objector submitted that in this case earlier application under section 438 of the Cr.P.C was filed by the applicant apprehending to be arrested by police Misrod, Bhopal which has been disposed of by the order dated 22/07/2020 passed in M.Cr.C No.53862/2019 by coordinate Bench headed by Shri Atul Sreedharan. Therefor this petition is not maintainable.

On perusal of the order it is found that at that moment no FIR was registered at police station Misrod, Bhopal. Therefore it was directed that if FIR is registered the applicant shall be given 10 days prior notice before his arrest so that he has adequate opportunity to approach the court for getting the relief under section 438 of the Cr.P.C. Now it is found that the complainant has lodged report at police station Khamariya, Jabalpur where crime has been registered. Therefore the applicant has filed this application again under section 438 of the Cr.P.C. In the circumstance, first order which was not on merit does not effect the maintainability of this case and this petition is maintainable.

Learned counsel for the applicant submits that the applicant is innocent. It is false case as on the relevant date, he was in Hyderabad and Bombay and was not present in Jabalpur. Apart from it, it is a dispute relating to payment of money with regard to work executed under the contract in question. It is alleged against the applicant that he falsely disclosed or narrated fact that he had got NOC from the Airport authority with regard to crushing stone by mobile crusher and under the aforesaid representation, the applicant entered into contract as the statement of the applicant was false, therefore he has cheated the complainant but till date the complainant has failed to show any material or document to establish the fact that he entered into contract on the basis of aforesaid alleged false narration. Therefore prima facie no offence is made out. Apart from it, the applicant's custodial interrogation also not required and there is no likelihood of applicant absconding or tampering with the evidence and the civil dispute has been given colour of criminal case with ulterior motive. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant/accused be released on anticipatory bail

Learned PL and learned counsel appearing for Objector has vehemently opposed the application.

However failed to show any material with regard to the allegation.

Having considered the contentions of learned counsel for the parties and perusal of the record, without expressing any opinion on merits of the case, in view of this Court the applicant is entitled to get benefit of anticipatory bail. Hence, this application is allowed. It is directed that if the applicant Ranjit D. Bhake surrenders at the concerned police station within 15 days from today and if he is arrested by the Investigating officer, he shall be released on bail on furnishing a bail bond and local surety bond for the sum of Rs.50,000/- (Rs. Fifty Thousand only). If he failed to do so, the effect of this order shall be vacated automatically. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

Certified copy as per rules.