Vishal vs State Of Madhya Pradesh

Subodh Abhyankar, J

T his is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.1211/2022 registered at Police Station Bhanwarkua, Indore (MP) for offence punishable under Section 420, 406, 467, 468, 471, 34 of the Indian Penal Code, 1860.

Allegations against the applicant is that he was also involved in the aforesaid case wherein it is alleged that he and the other co-accused persons obtained Rs.6 lakh each from the complainant in the form of brokerage, in respect of a document titled as Vikray Anubandh Lekh, which according to the applicant was a partnership deed.

Counsel for the applicant has submitted that though the applicant has signed the aforesaid document but as a witness only, and has not cheated the complainant in any manner. Counsel has further submitted that the co-accused Satpal Kachwaha has already been granted regular bail by this Court in M.Cr.C. No.50378/2023 vide order dated 28/11/2023 and in case of his arrest, irreparable injuries shall be occasioned to his reputation. Hence, it is submitted that the application be allowed and he be released on anticipatory bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for anticipatory bail is made out.

On due consideration of the rival submissions and perusal of the case diary as also the order passed by this Court in M.Cr.C. No.50378/2023, this Court is of the considered opinion that the custodial interrogation of the applicant is not necessary in the present case. Thus, without reflecting anything on the merits of the case, the application filed under Section 438 of Cr.P.C. on behalf of the applicant is hereby allowed subject to deposit a sum of Rs.4,00,000/- (Rupees Four Lakh only), and the said amount shall be subject to the final outcome of the case by the trial Court.

Accordingly, this application is allowed. It is directed that upon applicant's depositing a sum of Rs.4,00,000/- in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court, in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'.

The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Certified copy as per rules.