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Madhya Pradesh High Court

Dharmendra Singh Bhadoriya vs The State Of Madhya Pradesh on 15 February, 2022

Author: Rajeev Kumar Dubey

Bench: Rajeev Kumar Dubey

                                                                           1
                                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                          BEFORE
                                                         HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                                ON THE 15th OF FEBRUARY, 2022

                                                         MISC. CRIMINAL CASE No. 2927 of 2022

                                                Between:-
                                                DHARMENDRA SINGH BHADORIYA S/O SHRI
                                                PRAVEEN SINGH BHADORIYA , AGED ABOUT 38
                                                YE A R S , OCCUPATION: PRESIDENT SHRI SAI
                                                WELFARE SOCIETY R/O GURADIYA KALA TAHSIL
                                                BABAI DISTT. HOSHANGABAD M.P. (MADHYA
                                                PRADESH)

                                                                                                          .....PETITIONER
                                                (BY SHRI R.N. SINGH, SENIOR COUNSEL WITH SHRI AKSHAT
                                                ARJARIA, ADVOCATE )

                                                AND

                                                THE STATE OF MADHYA PRADESH THROUGH
                                                POLICE STATION KOTWALI HOSHANGABAD
                                                DISTT. HOSHANGBAD (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                                (BY SHRI RAVINDRA RAIKWAR, PANEL LAWYER )

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

Heard with the aid of case diary.

This is the second application under Section 438 Cr.P.C. for grant of anticipatory bail. Applicant Dharmendra Singh Bhadoriya apprehends his arrest in connection with crime No.172/2015 registered at Police Station Kotwali Hoshangabad for the offence punishable under Sections 419, 420, 467, 468 and 471 of the IPC.

Earlier bail application of the applicant is dismissed by a coordinate Bench of this Court vide order dated 23/6/2015 passed in MCrC no.9176/2015.

As per the prosecution case, the applicant, who is the President of Shri Sai Welfare Society, which was running the SDSB Paramedical College, Hoshangabad, by showing fake admission of students in his institution, got the scholarship and tuition fee of these students from the government and Signature Not Verified SAN misappropriated an amount of Rs.20,04,300/- which was given to the applicant's Digitally signed by MONIKA CHOURASIA Date: 2022.02.16 17:04:20 IST college as scholarship and tuition fee of 131 students of reserved category.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. Though, earlier bail application of the applicant was dismissed on merits but thereafter, the applicant deposited the amount Rs.20,04,300/-. Earlier a demand notice of Rs.20,04,300/- was issued by the Assistant Commissioner Tribal Development, Hoshangabad, which was challenged by the Director of the society in W.P. No.4503/2015 vide order dated 21/07/2016 the High Court dismissed that demand notice and directed the Collector Hoshangabad to pass a speaking order after considering the reply of the petitioner and after furnishing the enquiry report. Thereafter, the applicant submitted a reply dated 16/12/2020 clarifying that there has been no illegality in the grant of admission to 131 students. In spite of a filing reply by the applicant, the authority persuaded the applicant to deposit the alleged amount, so the applicant deposited that amount with the department. Thereafter, no offence remains against the applicant. The applicant is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Hence, it is prayed that the applicant be released on anticipatory bail.

Learned counsel for the State opposed the prayer and submitted that the applicant, who is the President of Shri Sai Welfare Society, which was running the SDSB Paramedical College, Hoshangabad, on the basis of forged documents by showing fake admission of students in his institution, got the scholarship and tuition fee of these students from the government and misappropriated the amount Rs. 20,04,300/-. Merely depositing the said amount does not reduce the seriousness of that crime. The earlier bail application of the applicant was dismissed on merit, thereafter, there has been no change in circumstances. The applicant is still absconding. Even proceedings under Sections 82 and 83 of Cr.P.C. has been started by the CMJ Hoshangabad against the applicant, so he should not be released on anticipatory bail.

Looking to the facts and circumstances of the case, contention of the learned counsel for the state and the fact that earlier bail application of the Signature Not Verified SAN applicant was dismissed on merit vide order dated 23/6/2015 passed in MCrC Digitally signed by MONIKA CHOURASIA Date: 2022.02.16 17:04:20 IST no.9176/2015, while the applicant is still absconding. Even proceedings under 3 Sections 82 and 83 of Cr.P.C. has been started by the CJM Hoshangabad against the applicant. So, this court is not inclined to grant anticipatory bail to the applicant.

However, in case the applicant surrendered within two weeks from today and apply for regular bail, the same shall be considered expeditiously in accordance with law.

(RAJEEV KUMAR DUBEY) JUDGE m/-