Madhya Pradesh High Court
Vivek Kumar Upadhyaya vs The State Of Madhya Pradesh Thr on 18 May, 2018
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HIGH COURT OF MADHYA PRADESH
MCRC No.19095/2018
(Vivek Kumar Upadhyaya v. State of MP)
Gwalior, Dated : 18.05.2018
Shri Pawan Dwivedi, learned counsel for the applicant.
Shri Kamal Jain, learned Public Prosecutor for
respondent-State.
Shri Prasun Maheshwari, learned counsel for the objector.
Heard the learned counsel for the parties. The applicant is apprehending his arrest in connection with Crime No.41/2018 registered at Police Station Rithora District Morena for the offences punishable under Sections 420 and 120B of IPC.
It is applicant's contention that the applicant was posted as Branch Manager at Rithora, District Morena. It is submitted that the complainant's son was working as a business facilitator in the Bank. When he applied for loan, he was asked to furnish margin money. He had brought a loose cheque from his father, who is complainant, for a sum of Rs.2.00 Lacs and on the basis of such loose cheque, the transaction was made and the amount was transferred from the account of the complainant to the account of his son, who was working as business facilitator. Later on, it was revealed that the business facilitator was indulging in several bogus transactions to increase the amount of commission; as a result, this complaint has been lodged against the Bank Manager. It is submitted that the Bank Manager is a Senior Officer of the Bank and he is not likely to run away. The amount involved is to the tune of Rs.2.00 Lacs only. It is also submitted that the applicant has already handed over video footage of the Bank showing the presentation of the loose cheque and its withdrawal. It is further mentioned that, that 2 HIGH COURT OF MADHYA PRADESH MCRC No.19095/2018 (Vivek Kumar Upadhyaya v. State of MP) Gwalior, Dated : 18.05.2018 loose cheque in connivance with the son of the complainant, who was working as a business facilitator, has been dislodged from the record to form foundation for the present complaint. In this backdrop, it is submitted that the applicant be enlarged on anticipatory bail.
Learned Public Prosecutor for the State opposes the application.
Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, this application of the applicant under Section 438, Cr.P.C. is hereby allowed subject to depositing a sum of Rs.2.00 Lac by the applicant with the trial Court as a security within 07 days from today.
It is directed that in the event of surrender before the Investigating Officer on or before 31.05.2018, present applicant Vivek Kumar Upadhyaya shall be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties of the like amount to the satisfaction of the Arresting Authority. It is further made clear that the applicant shall cooperate in the investigation as and when required.
Certified copy as per rules.
(Vivek Agarwal) Judge Mehfooz/-
Digitally signed by MEHFOOZ AHMEDDate: 2018.05.18 17:30:44 +05'30'