Madhya Pradesh High Court
Ku. Shweta Pandey vs The State Of Madhya Pradesh on 17 July, 2018
1 MCRC-8153-2018
The High Court Of Madhya Pradesh
MCRC-8153-2018
(KU. SHWETA PANDEY Vs THE STATE OF MADHYA PRADESH)
10
Jabalpur, Dated : 17-07-2018
Shri R. K. Sharma, Advocate for the applicant.
Shri V. S. Mishra, PP for the respondent/State.
Heard.
This is SECOND application filed by the applicant / accused under section 438 of Cr.P.C. for grant of anticipatory bail, apprehending her arrest in connection with Crime No. 31/17 registered at Police Station Majhauli, District Jabalpur (MP), for the offences under sections 420, 120-B, 467, 468, 34 of I.P.C.and Section 6 of the Niskshepo Ke Hito Ka Sanrakshan Adhiniyam. First application bearing M.Cr.C. No.19248/2017 has been dismissed for want of prosecution vide order dated 23.1.2018.
The allegation against the applicant is that at the relevant time, the applicant was working as a Cashier in the company named as IGIS Credit Swayat Sahkari Maryadit Company, Jabalpur and the company promised the investors to return their money after completion of the term but after completion of the term, no amount has been returned by the company and the office of the company has also been closed. It is also alleged that the Directors and the Cashiers have deliberately committed cheating with the investors and cheated near about Rs.4 lacks.
It is submitted that the applicant is innocent. She was only working as a Cashier. She is not direct beneficiary of the transaction. There is no iota of material to establish that she conspired with the Directors of the Company in commission of the aforesaid cheating. Investigation is over. Her custody is not required for the purpose of custodial interrogation. There is no likelihood of her absconding or tampering with the witnesses. Hence, she be enlarged on anticipatory bail.
Learned PP has opposed the bail application and prayed for its rejection.
In view of the facts and circumstances of the case it appears that formal arrest of the applicant for the purpose of investigation is not needed. Hence, this application is allowed and it is ordered that if the applicant- accused Ku. Shweta Pandey surrenders before the Arresting Authority / Investigating Officer in relation to the aforesaid crime number within 15 days from today and if she is arrested by the Investigating officer, she shall be released on bail on her furnishing a bail bond and surety bond each for a sum of Rs. 50,000/- (Rs. Fifty Thousand only) to the satisfaction of the 2 MCRC-8153-2018 Arresting Authority. If she failed to do so, the effect of this order shall be vacated automatically.
The applicant-accused is directed to join the investigation immediately and fully co-operate with the investigation. She shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(J. P. GUPTA) JUDGE JP Digitally signed by JITENDRA KUMAR PAROUHA Date: 2018.07.17 17:27:31 +05'30'