Madhya Pradesh High Court
Netrapal Singh Chauhan vs The State Of Madhya Pradesh on 15 February, 2019
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.5583/2019
(Netrapal Singh Vs. State of M.P.)
Gwalior, dated : 15.02.2019
Shri R.P. Gupta, learned counsel for the applicant.
Shri R.K. Mishra, learned Public Prosecutor for the
respondent/State.
The applicant has filed this first bail application u/S.438, Cr.P.C. for grant of anticipatory bail apprehending his arrest in connection with Crime No.5/2019, registered by police station Padav, District Gwalior, in relation to the offences punishable under Sections 420 & 406 of IPC.
It is the submission of counsel for the applicant that the case is in respect of dishonour of cheque, therefore, notice has been issued at the instance of complainant under Section 138 of Negotiable Instruments Act and private complaint has been filed on 26.12.2018. Thereafter, FIR has been lodged on 02.01.2019 to take applicant into criminal offence under Sections 420 and 406 of IPC. He relied upon the judgement rendered by Hon'ble Apex Court in the case of G.Sagar Suri Vs. State of U.P. and others reported in (2000) 2 SCC 636. Learned counsel for the applicant undertakes that he is ready to cooperate in the trial/investigation as and when required. Therefore, he prayed for anticipatory bail. 2
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.5583/2019 (Netrapal Singh Vs. State of M.P.) Learned PP for the State opposed the bail application and prayed for its rejection.
There is no criminal antecedents of the applicant and the material placed on record does not disclose possibility of the applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant but with certain stringent conditions in view of pendency of investigation.
Accordingly, without expressing opinion on merits of the case, I deem it appropriate to allow this application u/S 438 Cr.P.C in the following terms.
It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;3
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.5583/2019 (Netrapal Singh Vs. State of M.P.)
3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which she is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Anand Pathak) Judge Rashid RASHID KHAN 2019.02.15 18:53:40 +05'30'