Madhya Pradesh High Court
Smt. Sonal Raghuvanshi vs The State Of Madhya Pradesh on 11 February, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:3779
1 MCRC-5937-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 5937 of 2025
SMT. SONAL RAGHUVANSHI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sunil Gupta - Senior Advocate with Shri Amit Kumar Agnihotri,
learned counsel for the applicant.
Shri Apoorv Joshi - Govt. Advocate for the respondent/State.
Shri Sy. Fardin Meer - Advocate for the respondent [COMP].
ORDER
This first bail application has been filed by the applicant under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.13/2025 registered at Police Station - Crime Branch District Indore (M.P.) for offence punishable under Sections 408, 409, 420,467, 468 and 34 of IPC.
As per the case of prosecution, Rajesh Gangwani submitted a compliant to Deputy Commissioner of Police(Crime), Indore (Urban), inter- alia alleging embezellement and criminal misappropriation by Accountant - Kapil Raghuwanshi. It was alleged in the complaint that Kapil Raghuwanshi was deputed to look after accounts and distribution of Medical Drugs at Signature Not Verified Signed by: SEHAR HASEEN Signing time: 11-02-2025 19:33:01 NEUTRAL CITATION NO. 2025:MPHC-IND:3779 2 MCRC-5937-2025 NIKEM DRUGS PVT. LTD., owned by the complainant - Rajesh Gangwani. Kapil manipulated the accounts and embezzled the money and goods of NIKEM DRUGS PVT. LTD by making forged ledger entries. Kapil Raghuwanshi transferred the medicines and drugs to Firm Trimurthi Traders of his sister-in-law (bhabhi) - Sonal Raghunwanshi(applicant). The complainant gave details of forged entries made by Kapil Raghunwanshi. On such allegations, P.S. Crime Branch, Indore registered FIR for offence punishable u/S 408, 409, 420, 467, 468 r/W 34 of IPC. against Kapil Raghuwanshi and Sonal Raghuwanshi - Proprietor of M/s Trimurthi Traders. Kapil Raghuwanshi was apprehended on 16.01.2025. His statement u/S 27 of the Evidence Act was recorded. Various account statements were requisitioned to trace the money trail. The statement of witnesses have been recorded. It was revealed that Kapil transferred goods to his family firm M/s Trimurthi Traders and earned profit by selling the goods received at M/s Trimurthi traders. Investigation is underway. Applicants are apprehending arrest in the matter.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicants have been falsely implicated in this matter, merely for the reason that she happens to be the Proprietor of M/s Trimurthi Traders, which was, in fact, run by her husband - Sachin Raghuwanshi. It is case of commercial transaction between two firms which is converted to criminal prosecution. Applicant is a well educated lady aged around 36 years. She has done M.Sc and M.Phil . She is working as Teacher and Guest Faculty at educational institutions since 2014. She was Signature Not Verified Signed by: SEHAR HASEEN Signing time: 11-02-2025 19:33:01 NEUTRAL CITATION NO. 2025:MPHC-IND:3779 3 MCRC-5937-2025 not involved in day to day affairs of M/s Trimurthi Traders. Applicant was not aware of the transactions by her brother-in-law - Kapil Raghuvanshi. There is no allegation that applicant was in conspiracy or transacted with main accused - Kapil Raghuwanshi for embezzlement of goods from NIKEM DRUGS PVT. LTD.. The custodial interrogation of the applicant is not needed in the matter. She is ready to co-operate in the investigation. Jail incarceration on false allegations would cause serious prejudice, hardship and bring social disrepute to the applicant, who is still working as Lecturer at Vaishno Polytechnic, Indore. Therefore, applicant may be extended the benefit of anticipatory bail.
Per contra, learned Counsel for the State ably assisted by learned counsel for the objector opposes the bail application on the ground of gravity of alleged offence. However, going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.
Heard the arguments, perused the grounds for grant of anticipatory bail stated in the application and the case diary.
The Supreme Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others reported in 2011(1)SCC 694 has laid down factors for consideration while dealing with anticipatory bail as under:
112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:
i. The nature and gravity of the accusation and the exact role of Signature Not Verified Signed by: SEHAR HASEEN Signing time: 11-02-2025 19:33:01 NEUTRAL CITATION NO. 2025:MPHC-IND:3779
4 MCRC-5937-2025 the accused must be properly comprehended before arrest is made, ii. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
iii. The possibility of the applicant to flee from justice;
iv. The possibility of the accused likelihood to repeat similar or the other offences.
v. Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her.
vi. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
vii. The courts must evaluate the entire available material against the accused very carefully. The courts must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of Section 34 and 149 of the Indian Penal Code, the Court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;
viii. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factor namely, no prejudice should be caused to the free, fair and full investigation and there should be no prevention of harassment, humiliation and unjustified detention of the accused;
ix. The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;
x. Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter for grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in normal course of events, the accused is entitled to an order of bail.
113. The arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case.
The case diary and the material on record reveal that applicant is Signature Not Verified Signed by: SEHAR HASEEN Signing time: 11-02-2025 19:33:01 NEUTRAL CITATION NO. 2025:MPHC-IND:3779 5 MCRC-5937-2025 implicated in this matter for the reason that she is the Proprietor of M/s Trimurthi Traders, which was utilized by main accused Kapil Raghuwanshi for transfer of medical drugs from NIKEM DRUGS PVT. LTD, Indore. Allegedly, Kapil has earned benefit by selling these medical drugs and goods. Kapil in his statement recorded u/S 27 of the Evidence Act has stated that he has utilized M/s Trimurthi Traders, registered in the name of applicant - Sonal Raghuwanshi, for transactions. However, he has not stated that Sonal was aware of these transactions and she has participated in or benefited out of transactions. The veracity of prosecution would be determined at trial after evidence. The prosecution is based on statements of accounts and money trail. The custodial interrogation of the applicant may not be essential for investigation. Considering the age, family responsibilities, social status of the applicant there is no likelihood of fleeing from justice. In absence of any criminal antecedent, there is no reason to infer possibility of her involvement in criminal activity or tampering with the evidence or influencing the witness or interfering in the investigation. There appears to be no prejudice to free, fair and full investigation, if the applicant is extended benefit of anticipatory bail. Considering her clean record, age and socio-economic status, the applicant may suffer hardship and prejudice due to incarceration entailing social disrepute and humiliation. The prosecution is based on documentary evidence/accounts statements, there is no likelihood to tamper with evidence. Considering overall circumstances of the case, but without commenting on the merits of the accusation, this Court is inclined to grant anticipatory bail to the applicant. Thus, the application is Signature Not Verified Signed by: SEHAR HASEEN Signing time: 11-02-2025 19:33:01 NEUTRAL CITATION NO. 2025:MPHC-IND:3779 6 MCRC-5937-2025 allowed.
Accordingly, it is directed that in the event of arrest, applicant - Sonal Raghuvanshi shall be released on bail in connection with Crime No.13/2025 registered at P.S. Crime Branch, District Indore(M.P.) for offence punishable under Sections 408, 409, 420, 467 and 468 r/W 34 of IPC upon furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh Only) with one solvent surety to the satisfaction of the Trial Court/Committal Court, for compliance with the following conditions:(For the convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall make himself available for investigation as may be directed by the concerned Court.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosfndk miyC/k jgsxhA (2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosfndk leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxhA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosfndk izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxh] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky;
;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness; (4) vkosfndk izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxhA Signature Not Verified Signed by: SEHAR HASEEN Signing time: 11-02-2025 19:33:01 NEUTRAL CITATION NO. 2025:MPHC-IND:3779 7 MCRC-5937-2025 (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C/346 of the BNSS. regarding examination of witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na- iz-la-@ 346 Hkkjrh; ukxfjd lqj{kk lafgrk ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxhA This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order.
The Investigation Officer /trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE sh Signature Not Verified Signed by: SEHAR HASEEN Signing time: 11-02-2025 19:33:01