Smt. Sobhana Saxena vs State of M.P.

Sheet Nagu, Judge

Case Diary is perused. Learned Counsel for the rival parties are heard.

Applicant apprehends arrest in connection with offences punishable u/Ss. 408 & 420 of IPC registered as Crime No. 183/12, at Police Station-University District - Gwalior.

Learned Counsel for applicant submitted that the applicant is innocent and has been falsely implicated in the instant case and the disposal of the case will take time. Under these circumstances, the applicant prays for anticipatory bail.

Learned Public Prosecutor for respondent/ State has opposed the bail application and prays for its rejection by contending that on the basis of the allegation and the material available on record, no case for grant of anticipatory bail is made out

The applicant apprehends of arrest in connection with aforesaid offence and the prosecution story discloses that the applicant has indulged in cheating to the extent that applicant while functioning as store keeper with two wheeler agency forwarded inflated bills to the company in regard to lesser amount charged from the customer and therefore, in the process for a period of time has defrauded the dealer of two wheeler company to the tune of Rs. 22,96,000/- and therefore, Learned Counsel for victim has seriously objected grant of bail to the applicant on the ground that applicant will misuse the said liberty and will never cooperate with investigation process and will not surrender the books of account which are in her possession. Considering the nature of offence and fact that arrest of the applicant will not solve any purpose as the applicant is permanent resident of District Gwalior and there is no possibility of her fleeing from justice and early conclusion of the investigation and trial is a bleak possibility, this Court is considered view that applicant is entitle for grant of anticipatory bail but with certain stringent conditions:-

It is hereby directed that in the event of arrest, applicant shall be released on bail on furnishing a personal bond of Rs. 5,00,000/-(Rupees Five Lac only) with two solvent sureties each of Rs. 5,00,000/- to the satisfaction of Arresting Authority.

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 her;

The applicant will cooperate in the investigation/ trial, as the case may be;

The applicant will not indulge herself 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; and

The applicant shall not commit an offence similar to the offence of which she is accused.

The applicant will not seek unnecessary adjournments during the trial; and

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

Looking to the nature of offence applicant will not only cooperate with the investigation but will also mark her attendance at the concerning police station once a week in case she fails to do so the Police will be at liberty to issue warrant of arrest against him irrespective of this order.

Certified copy as per rules.