Madhya Pradesh High Court
Dhananjay Prasad Mishra vs The State Of Madhya Pradesh on 22 August, 2017
M.Cr.C.No.13894/2017
22.08.2017
Shri T.S. Ruprah, learned Senior Advocate with Shri
Prabhat Shukla, learned counsel for the applicant.
Shri R.N. Yadav, learned Panel Lawyer, for the
respondent-State.
Shri R.P. Singh, learned counsel for the objector. Heard.
This is first anticipatory bail application filed on behalf of the applicant under Section 438 of the Code of Criminal Procedure.
The applicant is apprehending his arrest in connection with Crime No.254/2017 registered at Police Station Kotar, District Satna (M.P.) for the offences punishable under Sections 420, 467, 468 and 409 r/w Section 34 of IPC.
It is alleged that in the year 2015, the applicant while working as Samiti Prabandhak/ Manager of Sewa Sahkari Samiti Maryadit, Kotar, District Satna, has embezzled the amount of 18 agriculturist which was to be paid by depositing in the account of concerned agriculturist under the Crop Insurance Scheme floated by the Govt. of Madhya Pradesh.
Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated in this case. Learned counsel for the applicant submits that entire insurance amount were credited to the accounts of the agriculturists which are also credited in the credit cards of the concerned agriculturists and for that purpose agriculturists had to approach the bank and to get their credit cards updated. Most of the agriculturists approached the bank and their cards were updated. However, till date some of the agriculturists did not approach the bank so their cards could be updated. The applicant has not misappropriated or embezzled any amount under the said Scheme. He is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.
Per-contra, learned Panel Lawyer for the respondent- State and learned counsel for objector object the application and submit that Govt. gives loan to agriculturists and does crops insurance. In case of famine, the sum insured is adjusted in the loan amount, but inspite of these loan amounts were recovered from agriculturists and after protest by some agriculturists, suddenly entries of payment in ledger which was with applicant were made without paying the said amount. If the insurance amount was received by them, the loan would not be charged from them. They further submit that granting anticipatory bail would adversely affect the investigation of the case. On these grounds, they oppose the bail application.
After hearing arguments of the parties, looking to the facts and circumstances of the case, seriousness of the offence, and considering the fact that granting anticipatory bail would adversely affect the investigation, I am not inclined to enlarge the applicant on anticipatory bail.
Accordingly, application of the applicant under Section 438 of the Cr.P.C., is hereby dismissed.
(H.P. Singh) ASHWA.Praj.
Digitally signed by ASHWANIPRAJAPATI JUDGE DN: c=IN, o=High Court of Madhya Pradesh, ANI ou=Administration, postalCode=482004, st=Madhya Pradesh, 2.5.4.20=aa8f72857f3bf78e15 PRAJA d9574562da856998b54d5fd5 155003ab17dbda73f06859, serialNumber=f487d5a64403 48495cfc3dec95a81237144a3 514db9c5688195627b992f5d PATI c04, cn=ASHWANI PRAJAPATI Date: 2017.08.28 16:48:08 +05'30'