Madhya Pradesh High Court
Narendra Singh vs The State Of Madhya Pradesh on 30 June, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 30 th OF JUNE, 2023
MISC. CRIMINAL CASE No. 1946 of 2023
BETWEEN:-
NARENDRA SINGH S/O SHRI NANDKISHORE SINGH,
AGED ABOUT 46 YEARS, OCCUPATION: MANAGER S.N.
CONSTRUCTION COMPANY BANSGHAT ROAD REWA
DISTRICT REWA R/O INDRANAGAR REWA (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI MANISH DATT - SENIOR ADVOCATE ASSISTED BY SHRI
SIDDHARTH SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION SAMAN DISTRICT REWA
(MADHYA PRADESH)
2. RAVINANDAN SINGH S/O GAJADHAR SINGH R/O
VILLAGE RANGAULEE, POLICE STATION
SEMARIYA, TEHSIL SIRMOUR DISTRICT REWA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI - S.N. PATEL - PANEL LAWYER AND SHRI KABEER PAUL -
ADVOCATE FOR RESPONDENT NO.2)
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 Criminal Complaint R.C.T. No.2367/2022, registered at JMFC Rewa, for the offence under Sections 409, 420, 467 and 468 of IPC at present pending on the case file First Additional Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/1/2023 10:09:11 AM 2 Sessions Judge, Rewa.
2 . Learned counsel for the applicant has submitted that applicant is innocent. He has not committed any offence. He has been falsely implicated. It is submitted that complaint after registration of the offence is pending before the learned Additional Sessions Judge for trial. Applicant is not required for any type of custodial interrogation. It is a matter of commercial transaction in which it is alleged that subletting of the contract was made in violation of the work agreement between Department and Narendra Singh. Narendra Singh had no right to sublet the contract work to the complainant. He by violating the contract and by concealing the aforesaid important term of the contract has cheated complainant who has completed the construction work amounting to the tune of Rs.1,20,00,000/- (Rupees One Crore Twenty Lakh). Narendra Singh has paid nothing to the complainant except a meagre amount. Thus, it is prayed that applicant be released on anticipatory bail.
3 . O n the other hand, learned counsel for the State as well as learned counsel for the objector/complainant have opposed the grant of anticipatory bail to the applicant.
4. I have heard the learned counsel for the parties and perused complaint and other material on record.
5. In this case, no further evidence has to be collected as case has been registered on the basis of complaint and statements of the witnesses under Sections 200 and 202 of Cr.P.C. have already been recorded. It is a case where applicant is not required to be sent behind the Bar, controversy is about transaction of money. Therefore, having taken into consideration all the facts and circumstances of the case but without expressing any opinion on the merits of the case, I am of the view that it is a case in which applicant may be released Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/1/2023 10:09:11 AM 3 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 - Narendra Singh be released on bail on his furnishing a personal bond in the sum of Rs. 2,00,000/- (Rupees Two Lakh Only) with two solvent sureties in the sum of Rs.1,00,000/- - Rs.1,00,000/- each to the satisfaction of the Arresting Authority/trial Court to its satisfaction subject to following conditions:-
(i) Applicant shall remain present before the trial Court on all the dates fixed by it;
(ii) Applicant shall extend full cooperation in completion of the trial and shall not seek any unnecessary adjournment;
(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 10 days from today, he shall surrender before the trial Court within a period of 15 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 Trial Court shall be at liberty to proceed against the applicant as per law.
C.C. as per rules.
(DINESH KUMAR PALIWAL) Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/1/2023 10:09:11 AM 4 JUDGE AT Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/1/2023 10:09:11 AM