Madhya Pradesh High Court
Rajendra Prasad Mishra vs The State Of Madhya Pradesh Thr on 2 May, 2016
1 M.Cr.C. No.4973/2016
Rajendra Prasad Mishra Vs. State of Madhya Pradesh
02.05.2016
Ashok Khedkar, counsel for the applicant.
Shri Mohd. Irshad, Panel Lawyer for the respondent/State.
Perused the case diary.
Learned counsel for the rival parties are heard. This is first application preferred on behalf of the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
Applicant apprehends his arrest in connection with offences punishable u/Ss. 406 and 420 of IPC registered as Crime No.100/2016 at Police Station Gola ka Mandir, District Gwalior (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.
The allegation against the applicant is of cheating and breach of trust based on factual matrix of the case, incident of dishonour due insufficient fund. It is alleged that the petitioner has put forged signature of the complainant. The factum of cheating and breach of trust is yet to be established and the applicant has No criminal antecedents. Thus, this Court is though inclined to extend the benefit of anticipatory bail to the applicant but with certain stringent conditions since the investigation is still pending.
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 in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of Arresting Authority.
This order will remain operative subject to compliance of the 2 M.Cr.C. No.4973/2016 Rajendra Prasad Mishra Vs. State of Madhya Pradesh 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;
4. The applicant shall not commit an offence similar to the offence of which he 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.
7. Till conclusion of investigation, the applicant will mark his attendance at the concerned Police Station once in every week.
A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.
(Sheel Nagu) Judge SS