Varsha Thakur vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard. This is first application under section 438 of the Code of Criminal Procedure.

Applicant apprehends arrest in connection with Crime No. 496/2019 registered at Police Station -Kotwali, District Ashoknagar for the offence punishable under section 406 of IPC.

Allegations against the applicant, in short, are that an amount of Rs. 31,86,600/- was deposited in 10 odd installments in her Bank account during the period 2016-2017 due to the clerical mistake through other payment. The applicant did not inform the authorities with regard to the aforesaid payment and closed the Bank account and embezzled the aforesaid amount and thereafter opened a new Bank account. Inspite of bringing the said default in her knowledge, no steps were taken by the applicant. On the basis of aforesaid, the applicant has been implicated in the present case.

Learned counsel for the applicant submits that applicant aged 40 years old lady has been falsely implicated in the present case. It is submitted that applicant is a President of Beejasen Swa Sahayata Samooh which is a self group of ladies and provide mid day meal to numerous school within the periphery of District Vidisha. It is submitted that the applicant has neither carried out any work of distribution of mid day meal in District Ashoknagar nor is concerned with the same. As soon as, this default was noticed, the applicant had transferred Rs. 16, 61, 124/- to the concerned authority. The authority slept over the matter for a period of two years and thereafter suddenly registered an FIR. No breach of trust is constituted against the applicant, therefore, no offence U/s. 406 of IPC is made out against the applicant. Applicant is permanent resident of the Dist. Vidisha and there are no chances of her absconding or tampering with the prosecution evidence. She shall abide by the terms and conditions as may be imposed by this Court. Under these circumstances, applicant prays for anticipatory bail.

Learned Panel Lawyer for the State opposed the application on the ground that applicant is absconding since date of registration of FIR and investigation against her is pending and custodial interrogation of the applicant is very much needed. The amount of Rs. 15, 25, 475/- is still outstanding which is to be recovered from the applicant and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant subject to payment of Rs. 15,25, 475/-, out of which Rs. 5,25,475/- be deposited by the applicant before the trial court at the time of furnishing bail bond and thereafter rest of the amount of Rs. 10 Lakhs be deposited by the applicant before the trial court in two equal installments at an interval of one month each. After compliance of aforesaid condition of depositing 1st installment of Rs. 5,25, 475/- before the trial court, it is hereby directed that in the event of arrest of applicant, the applicant shall be released on bail on her furnishing a personal bond of Rs. 1,00,000/-(Rupees One Lakh only) with two local solvent sureties of the like amount to the satisfaction of Arresting Authority.

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

She will comply with all the terms and conditions of the bond executed by her;

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

She 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

She shall not commit an offence similar to the offence of which she is accused;

She will not seek unnecessary adjournments during the trial; and

She will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

In case of violation of any of the aforesaid conditions by the applicant, this anticipatory bail order shall stand cancelled automatically without further reference to this Court.

Certified copy as per rules.