Madhya Pradesh High Court
Rameshchandra Gupta vs The State Of Madhya Pradesh on 23 November, 2021
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.50270/2021
( Rameshchandra GuptaVs. State of M.P.)
Gwalior Bench:Dated -23/11/2021
Shri Sohit Mishra, learned counsel for the applicant.
Shri PPS Bajeeta, learned PP for the respondent/State.
Heard.
Perused the case diary.
This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.170/2021, registered at Police Station Badoni, District Datia, for the offences punishable under Section 420 of IPC and Section 6(1) of M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.
It is the submission of learned counsel for the applicant that applicant, aged 70 years is apprehending his arrest on the basis of registration of offence as referred above. It is further submitted that applicant was instrumental in collecting the amount from complainant and get it deposited in the account of Pincon Infrastructures Private Limited; whereas, allegations indicate that applicant did not deposit the amount. Learned counsel for the applicant referred the transaction details / bank account details to bring home the fact that he deposited Rs. 57,000/- which was collected from complainant - Sanju Prajapati and therefore, no mens rea involved in the present set of facts. Looking to the age of applicant and the nature of allegations, in which no offence prima facie is made out in respect of M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, anticipatory bail be granted to HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.50270/2021 ( Rameshchandra GuptaVs. State of M.P.) applicant. Applicant does not bear any criminal record.
Learned counsel for the State opposed the bail application and prayed for dismissal of the application.
Considering the fact situation of the case, specially the fact that applicant deposited the amount of Rs. 57,000/- apparently in bank account in the name of complainant Sanju Prajapati, but looking to the provisions of Section 14 of M.P. Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, at this stage instead of allowing the bail application, in the light of Apex Court decision in the matter of Arnesh Kumar Vs. State of Bihar and Anr., (2014) 8 SCC 273, this bail application is disposed of by giving a liberty to the Police to issue appropriate notice to the applicant under Section 41(1) of Cr.P.C. for investigation purpose and it would be the duty of the applicant to cooperate in investigation and make himself available as and when required by the Investigating Authority and in case of any non-cooperation or resistance by the applicant in divulging details of crime, police shall be at liberty to arrest the applicant.
Application stands disposed of with the aforesaid direction.
(Anand Pathak) Judge jps/-
JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya PRAKASH Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179c ec865c7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290E C8CB2193780D8357, SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B 8072A2D8C01433EBD48AE4F609F108CA8F 8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2021.11.24 10:14:34 +05'30'