Om Prakash Dixit vs The State Of Madhya Pradesh on 17 March, 2021

[Cites 9, Cited by 3]

Madhya Pradesh High Court

Om Prakash Dixit vs The State Of Madhya Pradesh on 17 March, 2021

This is the first application under Section 438 of the Cr.P.C. for grant of anticipatory bail. Applicant Om Prakash Dixit apprehends his arrest in connection with Crime No.13/99 registered at Police Station E.O.W. (Economic Offences Wing ) Sagar, District Sagar (MP) for the offence punishable under Sections 420, 409, 467, 468, 88, 120-B of IPC and Sections 13(1)(d) & 13(2) of the Prevention of Corruption Act, 1988.

As per the prosecution case, applicant who was posted as Project Officer in District Development Authority, Damoh between the years 1993 to 1996 in connivance with the other co-accused persons by misusing his official position, prepared forged documents and embezzled the government money of Rs.12.10 Lakhs.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the aforesaid offence. It is said that the accused committed the crime between the years 1993 to 1996 whereas the police filed the charge sheet against the applicant in the year 2020. Applicant continuously cooperated in the investigation during that period. Charge-Sheet has been filed and custodial interrogation of the applicant is not required. Co-accused persons namely Har Prasad, Smt. Kusum Rani, Smt. Geetarani, Smt. Kiran Jain,. Smt. Shivrani, Dharamdas Patel, Smt. Chandrarani Jain, Nathuram, Smt. Haresh Nahar and Smt. Kusum Dubey have already been granted anticipatory bail by this Court vide orders 25/2/2020, 2/3/2020 and 11/9/2020 passed in MCrC nos.6711/2020, 9078/2020 and 12268/2020 respectively on depositing the amount allegedly embezzled by them. The Signature Not Verified SAN applicant is also ready to deposit Rs.5 lakhs from the alleged amount under Digitally signed by MONIKA CHOURASIA Date: 2021.03.18 17:37:06 IST 2 MCRC-51902-2020 protest. In the event of arrest, his reputation will be ruined. Under these circumstances, the applicant prays for anticipatory bail.

Learned counsel for the respondent opposed the prayer and submitted that the sufficient evidence is available on record to connect the applicant in the crime. So, he should not be released on anticipatory bail.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant and the fact that the other co-accused have already been released on anticipatory bail by this Court, charge sheet has been filed and the applicant is ready to deposit Rs.5 lakhs from the alleged amount under protest, without commenting on the merits of the case, the application is allowed and it is directed that in the event of surrendering by the applicant before trial Court within 15 days from today in connection with the aforesaid crime, the applicant be released on anticipatory bail subject to depositing Rs. 5 lakhs in a fix deposit in any Nationalized Bank and producing receipt of the FD before trial Court and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 applicant will not indulge himself 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;

Signature Not Verified SAN

4.The applicant shall not commit an offence similar to the offence of Digitally signed by MONIKA CHOURASIA Date: 2021.03.18 17:37:06 IST

3 MCRC-51902-2020 which he is accused;

5.The applicant will not seek unnecessary adjournments during the trial; and

6.The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

The amount so deposited by the applicant in fixed deposit, shall be subject to final outcome of the case.

CC on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE m/-

Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2021.03.18 17:37:06 IST

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Madhya Pradesh High Court