Madhya Pradesh High Court
L.N.Ramesh vs Central Bureau Of Investigation on 9 March, 2021
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 MCRC-9717-2021
The High Court Of Madhya Pradesh
MCRC-9717-2021
(L.N.RAMESH Vs CENTRAL BUREAU OF INVESTIGATION)
Jabalpur, Dated : 09-03-2021
Shri Kunal Thakre, learned counsel for the applicant.
Shri J.K. Jain, learned Asst. Solicitor General for the respondent/CBI.
This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No. RC 0082018A0002, registered at CBI Anti Corruption Branch, Bhopal for the offences punishable under Sections 420 and 471 of Indian Penal Code and Section 13(2) R/w 13(1)(D) of Prevention of Corruption Act, 1988.
It is submitted by the counsel appearing for the applicant that applicant is a bank employee. One Narendra Prajapati is said have taken loan from the bank on coal stocks and also on agricultural land. Later on, the coal stocks were sold without any permission of the bank. It is submitted that bank has been duped of large amount of money due to act of Narendra Prajapati. It is submitted that applicant does not have any direct role in conspiracy and not played and role in the act committed by Narendra Prajapati. He is falsely being implicated in the case. CBI has completed the investigation and notice has been issued to the applicant to appear before the Court and to obtain bail. The Court did not take cognizance of the case against applicant as permission under Section 19 of Prevention of Corruption Act was not received in respect of present applicant. At this stage, counsel for applicant filed application under Section 438 of Cr.P.C. which was rejected by Special Judge, CBI, Bhopal. Counsel appearing for the applicant further submitted that applicant is ready to co-operate in trial and he will not abscond from law. He has co- operated in investigation of the case with prosecution agency. In these circumstances, counsel for the applicant makes a prayer that applicant may be granted benefit of anticipatory bail.
Signature Not SAN Verified Counsel appearing for CBI opposed the application for grant of bail. It Digitally signed by VINOD KUMAR TIWARI Date: 2021.03.09 18:18:21 IST 2 MCRC-9717-2021 is submitted by him that applicant had not checked the actual stocks, which were being maintained by the firm. He committed dereliction of duty and was negligent in checking the stocks and also not verified the documents of lands, which had been filed by Narendra Prajapati for obtaining loan amount. Applicant is directly involved in the offence and also participated in the conspiracy. There is strong element of involvement of applicant in the conspiracy in the present case as applicant had not verified the documents and stocks of coal and allowed disbursal of loan amount. In view of same, learned counsel makes a prayer that bail application may be rejected.
Heard the counsel for the applicant as well as counsel for the respondent/CBI.
Allegation against the applicant is of helping the accused by not following the guidelines issued for sanction and disbursal of loan. There is no evidence of kickbacks to applicant. He is made accused due to his negligence and not adhering to banking norms.
Considering the totality of the facts and circumstances of the case, bail application filed on behalf of the applicant is allowed. It is ordered that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority. The applicant is directed to join the investigation immediately and to co- operate with the investigating agency. He will appear before the Investigating Agency or the trial Court as and when required.
Applicant will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT)
JUDGE
Signature
SAN Not vkt
Verified
Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.03.09
18:18:21 IST
3 MCRC-9717-2021
Signature
SAN Not
Verified
Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.03.09
18:18:21 IST