Madhya Pradesh High Court
Smt.Anju Gupta vs The State Of Madhya Pradesh on 30 September, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1
The High Court Of Madhya Pradesh
MCRC-35352-2020
(Smt. Anju Gupta Vs State of M.P.)
Gwalior, Dated: 30.09.2020
Shri Arun Pateriya and Shri G.S. Sharma, learned counsel for
the petitioner.
Shri Purshottam Tanwar, learned Panel Lawyer for the State.
Shri Rajmani Bansal, learned counsel for the complainant.
I.A. No. 16744/2020, an application filed u/Sec. 301 (2) Cr.P.C.
for assisting prosecution is taken up, considered and allowed for the
reasons mentioned therein.
Matter is heard through video conferencing.
Petitioner has filed this first application u/S.438 Cr.P.C. for
grant of anticipatory bail.
Petitioner apprehends arrest in connection with offence
punishable u/S.406, 409, 418, 420 & 34 of IPC registered as Crime
No.250/2020, by Police Station Kotwali, Vidisha, District Vidisha
(M.P.).
Learned Panel Lawyer for the State opposed the application and
prayed for its rejection by contending that on the basis of the
allegations and the material available on record, no case for grant of
anticipatory bail is made out.
This is first bail application u/S. 438 Cr.P.C where petitioner
being a woman aged about 45 years was director of a company which
had other co-directors also who are co-accused including her husband
2
The High Court Of Madhya Pradesh
MCRC-35352-2020
(Smt. Anju Gupta Vs State of M.P.)
and brother. The said company purchased a large quantity of chana
worth about Rs. 4 crore through a Government contract from
complainant but did not pay the sale consideration thereby giving rise
to present offence.
Learned counsel for the victim informs that the petitioner holds
45% of share in the company, and therefore, is much liable as the co-
accused husband and brother.
This Court, without entering into the merits of the matter, solely
on the ground that petitioner is a woman aged about 45 years who may
not be able to bear the rigor of incarceration, is inclined to extend the
benefit of anticipatory bail to the petitioner.
Accordingly, without expressing any opinion on merits of the
case, I deem it appropriate to allow this application u/S. 438 of Cr.P.C.
in the following terms.
It is hereby directed that in the event of arrest, the petitioner
shall be released on bail on furnishing a personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of
like amount to the satisfaction of the Arresting Authority.
This order will remain operative subject to compliance of the
following conditions by the petitioner :-
1.The petitioner will comply with all the terms and conditions of the bond executed by her;
2. The petitioner will cooperate in the investigation/trial, as the 3 The High Court Of Madhya Pradesh MCRC-35352-2020 (Smt. Anju Gupta Vs State of M.P.) case may be;
3. The petitioner 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 petitioner shall not commit an offence similar to the offence of which she is accused;
5. The petitioner will not seek unnecessary adjournments during the trial;
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The petitioner as a Shiksha Swayamsevak shall render physical and financial assistance to government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioner.[;kfpdkdrkkz ,d f'k{kk lo;alksod ds :i esa vius fuokl ds fudv voflfkr ljdkjh izkfkfed fo|ky; esa lopnrk vksj vkjksx; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa forrh; lgk;rk iznku djsxk rfkk vius dks'ky o lalk/kuksa ls mdr fo|ky; esa volajpukred lqfo/kkvksa dh dfe;ksa dks nwj djsxka] The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. [;kfpdkdrkZ ,d fof'k"V ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ vkSj@;k lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA] 4 The High Court Of Madhya Pradesh MCRC-35352-2020 (Smt. Anju Gupta Vs State of M.P.) It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by the petitioner and pass it on the concerned PLV. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djs ,oa lEcaf/kr ih ,y oh dks gLrkarfjr djsaA] The registry of this Court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and compliance.
A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the Paralegal Volunteers of the area concerned to verify as to whether petitioner has complied with condition No.7 or not and submit report once every month.
In case, report regarding condition No.7 is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD before appropriate Bench.
The petitioner has gracefully volunteered to donate Rs.10,000/- (Rs. Ten Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of 5 The High Court Of Madhya Pradesh MCRC-35352-2020 (Smt. Anju Gupta Vs State of M.P.) those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing Covid-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. Let the donation be deposited within seven (7) working days from the date of release.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(Sheel Nagu)
Judge
Aman
Digitally signed by Aman Tiwari
Aman Tiwari
DN: c=IN, o=High Court Of Madhay Pradesh Bench Gwalior, ou=all, 2.5.4.20=70c6eef55d043fbd523acacb7d1ef4b0609a37510b 8e1527bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2020.10.01 14:59:40 -07'00'