Dimple Shah vs The State Of Madhya Pradesh on 27 July, 2023

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Madhya Pradesh High Court

Dimple Shah vs The State Of Madhya Pradesh on 27 July, 2023

Bench: Dinesh Kumar Paliwal

                                                             1
                           IN      THE         HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 27 th OF JULY, 2023
                                          MISC. CRIMINAL CASE No. 32561 of 2023

                          BETWEEN:-
                          DIMPLE SHAH S/O SHRI DINESH SHAH, AGED ABOUT 48
                          Y E A R S , OCCUPATION: BUSINESS   R/O B- 808
                          SHAKHESHWAR TOWER OPPOSITE SHANTI PARK
                          SHANTISHUDHA PARK GHATKOPAR EAST, MUMBAI
                          (MAHARASHTRA)

                                                                                          .....APPLICANT
                          (BY SHRI ADITYA KHANDEKAR - ADVOCATE )

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

                                                                                       .....RESPONDENT
                          (BY MRS. NUPUR DHAMIJA - PANEL LAWYER )

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

This is the first application filed by the applicant under Section 438 of Cr.P.C for grant of anticipatory bail relating to FIR No.476/2022, dated 21.8.2022, registered at Police Station Nimbola, District Burhanpur for the offence under Sections 420 and 409 of IPC. Applicant apprehending his arrest in the aforesaid offence has knocked the portal of this Court for grant of anticipatory bail.

2. As per the prosecution case, on 21.8.2022 Madan Lal Choudhary, Proprietor of Biodiesel Pump, lodged an FIR alleging that between a period Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/28/2023 10:10:32 AM 2 from 1.3.2022 to 24.3.2022 he made dealing with Hitesh Bhai and Dimple to purchase bio-diesel. He paid Rs.13,49,000/- in advance. Money was paid through on-line banking. It was assured that oil will be sent to him within two days but that has not been sent so far. Thus, they have defrauded an amount of Rs.13,49,000/- from him. FIR was registered.

3. Learned counsel for the applicant has submitted that applicant is innocent. He has not committed any offence. He has been falsely implicated. The transaction was made with his brother Hitesh and not with him. He has not defrauded any money as it is a matter of business transaction. Applicant is businessman having no criminal record. Therefore, it is prayed that applicant may be released on anticipatory bail.

4. On the other hand, learned counsel for the State has opposed the grant of anticipatory bail to the applicant.

5. Matter relates to cheating in business transaction. Therefore, having taken into consideration the submission made by the learned counsel for the applicant but without expressing any opinion on the merits of the case, I am of the view that it is a case in which custodial interrogation of the applicant is not necessary and applicant may be released on anticipatory bail. Consequently, this first anticipatory bail application under Section 438 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.

6. It is directed that in the event of arrest applicant - Dimple Shah be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Authority. At stage of filing of charge-sheet by police, applicant shall furnish fresh bail bond of same amount before trial Court Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/28/2023 10:10:32 AM 3 to its satisfaction subject to following conditions:-

(i) Applicant shall make himself available for interrogation by a police officer as and when required;

(ii) Applicant is directed to join investigation, then and there.

(iii) 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 them from disclosing such facts to the Court or to any police officer;

(iv) In case, applicant is not arrested within a period of 07(seven) days by the Investigation Officer, he shall surrender himself before the Investigation Officer within 10(ten) days' from today failing which this order shall become ineffective.

7. However, it is being made clear that in case of bail jump and in violation of any of conditions imposed herein above, this order shall become ineffective and Investigation Officer/Trial Court shall be at liberty to proceed against the applicant as per law.

C.C. as per rules.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/28/2023 10:10:32 AM

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