Madhya Pradesh High Court
Dr. Rajni Malviya vs The State Of Madhya Pradesh on 19 September, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 19th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 39549 of 2022
BETWEEN:-
DR. RAJNI MALVIYA D/O SHRI KALYAN SINGH
MALVIYA, AGED ABOUT 27 YEARS,
OCCUPATION: PRIVATE JOB R/O SAFALTA
HOSPITAL, PARVALIYA SADAK THANE KE PASS
BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY MR. RAJESH K. PATEL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
P.S. SHAHPURA BHOPAL DISTRICT BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. SHWETA YADAV, GOVT. ADVOCATE)
This application has come up for hearing on this day, the court passed
the following:
ORDER
This i s fi rst application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
Applicant is apprehending his arrest in connection with Crime No.50/2021 registered at Police Station-Shahpura, District-Bhopal(M.P.) for offences punishable under Sections 420, 467, 468, 506 & 34 of Indian Penal Code.
Learned counsel appearing for the applicant submitted that initially complainant had given financial help to the applicant on it's own and no fraud or Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/20/2022 3:44:49 PM 2 cheating was done by applicant. As per prosecution story, applicant along with another doctor had prepared a medical certificate regarding treatment given to complainant in respect of fracture for an amount of Rs.98,000/- and had also taken out money of Rs.15,000/- from account of complainant. Total allegation regarding fraud and cheating is only of Rs.1,13,000/-. It is submitted that applicant is ready to deposit the same before Arresting Officer in form of renewable FDR. Applicant is a doctor and has falsely been implicated in the case. It is very unlikely that applicant well run away from Investigation and trial of the case. In these circumstances, applicant be granted anticipatory bail.
Government Advocate appearing for the State opposed the application for grant of anticipatory bail.
Heard the counsel for the parties.
Initially, financial help was given by complainant on his own. Allegation of cheating and fraud is only in respect of Rs.1,13,000/-. Applicant is ready to deposit said amount under protest.
Considering t h e aforesaid fac ts a n d circumstances o f t h e c as e, the anticipatory bail application is allowed on condition that applicant will deposit Rs.1,13,000/- in the form of FDR with direction of automatic renewal to bank drawn in favour of CJM concerned before the Arresting Officer then Arresting Officer will release the applicant on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety o f the like amount t o the satisfaction of the Investigating Officer/Arresting Authority. Investigating Officer shall make FDR the part of Challan.
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 to join the investigation immediately and to co-
Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/20/2022 3:44:49 PM 3operate with the investigating agency. H e will further abide b y the conditions enumerated in sub-section (2) of Section 438 of the Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/20/2022 3:44:49 PM