Madhya Pradesh High Court
Deepak Kumar Tripathi vs State Of M.P. on 22 September, 2020
Author: Jagdish Prasad Gupta
Bench: Jagdish Prasad Gupta
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.33394/2020
JABALPUR : 22/09/2020
Shri Vikas Upadhyaya, Advocate with Shri Hirendra Kumar
Golhani, Advocate for the applicant.
Shri Prakash Upadhyaya, P.L. for the respondent/State.
Heard through video conferencing. Case diary perused. This is first anticipatory bail application under Section 438 of Cr.P.C. filed on behalf of applicant Deepak Kumar Tripathi, who is apprehending his arrest in relation to Crime No.253/2020 registered at Police Station Amahiya, District Rewa (MP) for the offence punishable under Sections 420, 34 of the IPC.
As per the prosecution story, it is alleged that the Director and other officers of the JKV Company Rewa dishonestly induced the complainant and his father to deposit money and believing their statement to be correct the complainant and his father deposited nearabout Rs.1,50,60,000/- in the Company for a fixed period. It is alleged that before completion of the period, office of the company was closed and the Director and other officers of the Company flee away. The applicant was working as an agent in the Company, therefore, he has also been implicated as accused in the case.
It is contended on behalf of the applicant / accused that the applicant is innocent. There is no averment against the applicant that he received any amount from the complainant or other persons. On the basis of information gathered from unknown persons that the applicant worked as agent in the Company, he has been arrayed in the case while the applicant has no concern with the Company and he himself has deposited the amount in the Company. The investigation will take time and no purpose will be served by taking the applicant into custody as he is ready to fully co-operate the investigation agency. There is no likelihood of his absconding or tampering with the evidence. Hence, prayer is made to enlarge the applicant on anticipatory bail.
On the other hand, learned P.L. vehemently opposed the bail application stating that the investigation is going on and at this stage it cannot be said that there is no evidence against the applicant. In the 2 HIGH COURT OF MADHYA PRADESH M.Cr.C.No.33394/2020 circumstances, if the applicant is released on anticipatory bail, it should be at the most till filing of the charge-sheet.
Having considered the conditions of learned counsel for the parties and on perusal of the case diary, in view of this court, no purpose will be served by taking the applicant into custody and the applicant is entitled to get the benefit of anticipatory bail till filing of charge-sheet. After investigation his case is required to be re-examined for the purpose of extension of benefit of anticipatory bail.
Hence, it is ordered that if applicant-accused Deepak Kumar Tripathi surrenders before the Arresting Authority / Investigating officer in relation to the aforesaid crime number, within 15 days from today or if he is arrested by the Investigating officer, he shall be released on bail till filing of charge-sheet, on his furnishing a bail bond and surety bond each for a sum of Rs. 25,000/- (Rs.Twenty Five Thousand only) to the satisfaction of the arresting authority. If he failed to do so, the effect of this order shall be vacated automatically.
The applicant-accused is directed to join the investigation immediately and fully co-operate with the investigation. He shall further strictly abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
It is further directed that before filing of charge-sheet the applicant be informed about the same before ten days so that he may get an opportunity to approach this court further or surrender before the trial court for the purpose of getting regular bail, if so advised.
C.C. as per rules.
(J.P.Gupta) Judge HS HEMAN Digitally signed by HEMANT SARAF DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT T OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=f8fa0b4f4478c62388232566 88e73f3f8f39554afa15525b099da0b0 SARAF d40060cc, cn=HEMANT SARAF Date: 2020.09.22 17:26:11 +05'30'