Madhya Pradesh High Court
Ganga Prasad Jatav vs The State Of Madhya Pradesh on 7 February, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
The High Court of Madhya Pradesh
Misc.Cri.Case No. 2828/2020
(Ganga Prasad Jatav Vs. State of MP & Others)
1
Gwalior, dated 07.02.2020
Shri Prashant Sharma, learned counsel for the applicant.
Shri M.S.Rawat, learned Public Proseutor for the respondent-
State.
Heard on IA No. 783/2020, an application for taking additional facts and documents on record.
For the reasons assigned in the application, in the interest of justice, application is allowed. Documents are taken on record.
As the matter is being heard finally, therefore IA No. 1318/2020 stands dismissed as rendered infructuous.
Heard on bail application.
The applicant has filed this first bail application under section 438 of the Cr.P.C. for grant of bail.
The applicant is apprehending his arrest in connection with Crime No.417/2019 registered by Police Station Civil Lines, District Datia in relation to the offences punishable under sections 409, 407, 120-B, 420 of IPC and Section 13(1)(c)(d)(i) read with Section 13(2) of Prevention of Corruption Act.
Learned counsel for the applicant-Ganga Prasad Jatav submitted that the applicant has been falsely implicated in the case. The FIR is lodged in pursuance to the enquiry while the said enquiry is preliminary enquiry and final decision is yet to be taken. The applicant is employee of MARKFED while enquiry was conducted by Cooperative Department. The applicant is having no criminal antecedents. There is no possibility of the applicant's fleeing away from justice and he is ready to cooperate in the investigation. Hence, prays for grant of benefit of anticipatory bail to the applicant.
The High Court of Madhya Pradesh Misc.Cri.Case No. 2828/2020 (Ganga Prasad Jatav Vs. State of MP & Others) 2 Learned Public Prosecutor for the respondent-State has vehemently opposed the prayer made by the applicant and prayed for dismissal of the application on the ground that the allegation against the applicant is that through seven trucks certain goods have been transported but the record whereof has not been maintained by marketing officer and authority of warehouse corporation. Hence, no case for grant of anticipatory bail is made out.
Heard the counsel for the parties and perused the case diary. Considering the contents of the case diary and FIR, as this matter does not relate to any financial scam and the present applicant is government servant, hence without commenting on the merits of the case, this application deserves to be allowed. It is directed that applicant shall be released on bail in case of his arrest on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/ Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself 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.
4. The applicant will not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as The High Court of Madhya Pradesh Misc.Cri.Case No. 2828/2020 (Ganga Prasad Jatav Vs. State of MP & Others) 3 the case may be.
7. In case the applicant is found to have breached any of the aforesaid conditions, this order shall stand automatically cancelled and the applicant shall be taken into custody henceforth.
Certified copy per rules.
(Sheel Nagu) (Rajeev Kumar Shrivastava)
(yog) Judge Judge
YOGESH VERMA
2020.02.07
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00' 19:00:06 +05'30'