Madhya Pradesh High Court

MCRC/46940/2023 of RAMJILAL Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 46940 of 2023

BETWEEN:-

RAMJILAL S/O LATE SHRI GOPIPRASAD UPADHYAY,AGED ABOUT 65 YEARS, OCCUPATION: RETIREDGOVERNMENT SERVANT PRESENT R/O BY PASSAMBAHA ROAD MUDHIYA KHEDA MURAINA PURVAR/O HOUSE NO 132 LAXMI NAGAR BURHANPUR HALLHAJIR DISTRICT BURHANPUR (MADHYA PRADESH)

(BY SHRI SOURABH BHUSHAN SHRIVASTAVA - ADVOCATE )

.....APPLICANT

AND

1.THE STATE OF MADHYA PRADESH THROUGHCOLLECTOR DISTRICT BURHANPUR (MADHYAPRADESH)COLLECTOR DISTRICT BURHANPUR (MADHYAPRADESH)

2.KANTA BAI W/O RAMLAL PAL R/O VILLAGEBHATKHEDA, POLICE STATION SHAHPUR(MADHYA PRADESH)

(NONE )

.....RESPONDENTS

This application coming on for admission this day, the court passed the following:

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ORDER

This is the first application filed by applicant under Section 438 of theCode of Criminal Procedure for grant of anticipatory bail relating to CrimeNo.1101/2019, registered at Police Station-Collector Burhanpur, DistrictBurhanpur (MP) for the offences under Sections 354, 506 of Indian PenalCode.

2. Learned Counsel appearing for the applicant submitted that applicant isa retired Govt. servant and was working as District Education Officer. Duringcourse of his employment, he has initiated an enquiry against prosecutrixregarding her forged certificate. Later on, applicant is said to have been falselyimplicated in the case. Applicant is in advanced stage of life and pensioner andthere is no likelihood that he will abscond from law. He is already on ad-interimbail. In these circumstances, anticipatory bail application may be consideredand applicant be released on anticipatory bail.

3. Repeated notices were sent to complainant-Respondent No.2 but forone or other reasons, notices are not served. It appears that Respondent No.2is avoiding notices.

4. Heard learned counsel for the applicant.

5. Considering the totality of facts and circumstances of the case,anticipatory bail application is allowed on condition that applicant willcooperate in investigation and will regularly appear before the Court as andwhen required. It is directed that in the event of arrest of applicant by thepolice in the aforesaid crime, he shall be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting officer(Investigating Officer) for his regular appearance before the Police during theinvestigation or before the Court during trial.

6. The applicant is directed to join the investigation immediately and co-operate with the investigating agency. He will further abide by the conditionenumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT)JUDGE

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