Madhya Pradesh High Court
Vinod Kumar Sharma vs The State Of Madhya Pradesh on 5 March, 2018
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE M.Cr.C. No.3523/2018 (-1-) M.Cr.C. No.3523/2018 (Vinod Kumar Sharma Vs. The State of Madhya Pradesh ) Indore, dated: 05.03.2018 Shri Bhaskar Agrawal, learned Counsel for the applicant- Vinod Kumar Sharma.
Shri R. R. Maheshwari, learned Counsel for the non- applicant No.1/State.
Heard. Perused the case-diary.
Applicant--Vinod Kumar Sharma is apprehending his arrest in Crime No.281/2016, registered at Police Station
--P.S. Garoth, District-- Mandsaur, for the offence punishable under Sections 420, 467, 468, 471 of IPC, 1860 and Section 66-D of I.T. Act, 2000.
The contention of the learned counsel for the applicant is that as per the case-diary, number of transfer orders have been issued including the transfer order of the applicant from one Gram Panchayat to another Gram Panchayat. The allegation against the present applicant is that he is the beneficiary of the aforesaid transfer order as at his instance, the fake transfer order has been issued.
The matter was inquired and as per the inquiry report dated 07.01.2016 and 02.02.2016, the said transfer order was prepared by one Raju Modi. Learned counsel has submitted that there is no legal evidence against the present applicant to implicate in the alleged offence and prays for grant of anticipatory bail.
Learned counsel for non-applicant/State opposed the bail application and prays for its rejection.
As per the impugned order, the application for grant of HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE M.Cr.C. No.3523/18 (-2-) anticipatory bail of co-accused Raju, Ghanshyam, Vikram and Shivnarayan has been allowed on 14.07.2016 by the learned trial court. As per the charge-sheet filed against the co-accused persons, there is no allegation against the present applicant that at his instance, the transfer order was issued.
On due consideration of the aforesaid and the material evidence available on record, I am inclined to allow the prayer for grant of anticipatory bail, without expressing any opinion on the merits of the case, this application for grant of anticipatory bail is allowed and it is directed that in the event of arrest of applicant-- Vinod Kumar Sharma by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with separate surety in the like amount to the satisfaction of the Arresting Officer, subject to abiding the conditions enumerated under Section 438 (2) of Cr.P.C. This order shall be valid for a period of thirty days (30 days), from today.
This order will remain operative subject to compliance of the following conditions by the applicants:-
"(i) That the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
(iii) That the applicant would comply with the conditions enumerated under Section 437 (3) of Cr.P.C. meticulously."
Certified copy as per rules.
(P.K. Jaiswal) Judge N.R. Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2018.03.08 17:37:14 +05'30'