Anil Prajapati vs The State Of Madhya Pradesh on 26 June, 2023

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Madhya Pradesh High Court

Anil Prajapati vs The State Of Madhya Pradesh on 26 June, 2023

Bench: Anuradha Shukla

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                        ON THE 26 th OF JUNE, 2023
               MISC. CRIMINAL CASE No. 24949 of 2023

BETWEEN:-
ANIL PRAJAPATI S/O SHRI TARACHAND PRAJAPATI,
AGED ABOUT 30 YEARS, R/O STREET NO 2 PRAJAPATI
COLONY POLICE STATION MEGHANI KUBER NAGAR
AHEMDABAD (GUJRAT) PRESENT ADRESS 29 IT B.T.
JAMTARA CAMP JABALPUR (MADHYA PRADESH)

                                                                  .....APPLICANT
(BY SHRI J. K. TIWARI - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CANTT. DISTRICT JABALPUR (MADHYA
PRADESH)

                                                               .....RESPONDENT
(BY MS. S. S. BAGHEL - PANEL LAWYER)

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

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to FIR/Crime No.117/2023 dated 20.5.2023 registered at P o lic e Station Cantt., district Jabalpur, for the offences punishable under Sections 406, 408 and 409 of IPC.

Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody since 24.05.2023 and trial will take considerable time to conclude. He further submits that applicant is permanent resident of district Jabalpur and there 2 is no likelihood of his absconding from the clutches of law or tamper with prosecution evidence. He also submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court. Upon these grounds, the applicant may be released on bail.

Learned counsel for the State has opposed the bail application. Heard learned counsel for the parties and perused the case diary. According to the prosecution case, the applicant was working in 29th Battalion, Indo-Tibetan Border Police (ITBP) at Jabalpur and under his duty he was assigned the work of depositing Rs.11,50,000/- into the official bank account of the Battalion at the State Bank of India, Sadar Branch, Jabalpur. The amount was handed over to him on 18.5.2023 but he failed to deposit the same till 19.5.2023. He informed his officers that the money was not traceable, hence an FIR was lodged against him. Later, Rs.11,50,000/- was seized from the house and custody of the applicant. On the basis of information given by the applicant, the bag in which the money was kept was also recovered from a place near Third Bridge, Jabalpur.

In the light of these facts and and circumstances of the case, but without commenting on the merit of the case, this Court is not inclined to grant bail to the applicant.

The application is dismissed.





      Digitally signed by PRASHANT
      SHRIVASTAVA
                                                     (ANURADHA SHUKLA)
      Date: 2023.06.27 11:01:36 +05'30'                    JUDGE
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