Sharda Prasad Bundela vs State Of Madhya Pradesh

Heard.

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest in connection with Crime No.242/2020 registered at Police Station Adhartal, District Jabalpur (M.P.) for the offences punishable under Section 420 of Indian Penal Code.

A s per prosecution story, complainant has transferred an amount of Rs. 10 lakhs in account of the applicant through various cheques, but the applicant is not returning the said amount, hence, an offence as aforesaid has been registered against the applicant.

Counsel appearing for the applicant has submitted that applicant Sharda Prasad Bundela is a government employee and he has taken a loan of Rs. 6 lakhs from the complainant and he is ready to deposit Rs. 6 lakhs. Earlier he has given a cheque of Rs. 6 lakhs to the complainant, which has bounced. Due to said reason, a false FIR has been lodged against the applicant under Section 420 of IPC. Counsel for the applicant has further submitted that applicant has never entered into any agreement to sale pretending himself to be the owner of the house in question, neither he obtained Rs. 11.54 lakhs in the said transaction.

Counsel appearing for the State Government submitted that applicant represented himself to be the owner of the house in question and had taken an amount of Rs. 11.54 from the complainant. An amount of Rs. 10 lakhs has been deposited in the account of applicant by various cheques. Receipts of said cheques are with the complainant.

Considered the arguments of learned counsel for the applicant as well as State Government.

There is no agreement to sale on record on basis of which applicant obtained consideration of agreement. Neither it is a case of prosecution that there was oral agreement to sale between the applicant and the complainant. Though there is evidence that an amount of Rs. 10 lakhs has been deposited in the account of the applicant but on what account said amount has been transferred is not clear from the available evidence.

Considering the aforesaid facts and circumstances o f the case, the application is allowed subject to condition that applicant will deposit an amount of Rs. 6 lakhs in the form of FDR before the Court of C.J.M., Jabalpur and produce order sheet showing deposit of amount before the Arresting Officer and then Arresting Officer will release the applicant on bail on his furnishing a personal bond in the sum of Rs.20,000/- (Rs. twenty thousand) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Disposal of F.D.R. deposited by applicant will be considered by the trial Court at the time of passing of final judgment in the trial.

The applicant is directed t o join the investigation immediately and to co-operate with t h e investigating agency. H e will further ab id e b y the conditions enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.