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Madhya Pradesh High Court

Mohini Shrivastava vs The State Of Madhya Pradesh on 1 February, 2024

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 1 st OF FEBRUARY, 2024
                                          MISC. CRIMINAL CASE No. 4266 of 2024

                           BETWEEN:-
                           MOHINI SHRIVASTAVA W/O SHRI AJAY KUMAR, AGED
                           ABOUT 66 YEARS, OCCUPATION: RETD. EMPLOYEE D-
                           204 CANT ROAD TAU INDORE DISTRICT INDORE
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI SANDEEP KACHHI, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION LALBAGH DISTRICT BURHANPUR (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI NARENDRA CHOURASIA, GOVT. ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as she is under apprehension of her arrest, in connection with Crime No.612/2023, registered at Police Station Lalbagh, District Burhanpur (M.P.) for the offences punishable under Sections 420, 409, 34 and 120 of Indian Penal Code.

2 . Learned counsel appearing for the applicant submitted that entire defalcated amount has already been deposited by co-accused person. Applicant has not earned any monetary benefit or kickback. Applicant is the Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 02-02-2024 14:13:26 2 signing authority and has acted only negligently. She is a woman aged about 66 years and is retired from service. She is ready to co-operate in investigation and will appear before the Investigating Officer when called for investigation and at the time of filing of charge sheet. In these circumstances, applicant may be enlarged on anticipatory bail.

3 . Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail and submitted that applicant is one of the main accused in the case.

4. Heard the learned counsel for the parties.

5 . Co-accused persons in the case namely, Kunwarlal Yadav, Smt. Ranjana Singh, Amar Singh, Ambika Patel, Narendra, Balchand Pawar and Narayan Patil have already been enlarged on bail. Case of applicant is on parity with other co-accused persons.

6. Considering the aforesaid, anticipatory bail application filed by the applicant is allowed.

7. It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, she be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

8. The applicant is directed to join the investigation immediately and to co-operate with the investigating agency. She will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE mms Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 02-02-2024 14:13:26