Madhya Pradesh High Court
MCRC/3899/2024 of RAMPRASAD Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3899 of 2024
BETWEEN:-
RAMPRASAD S/O VIKRAM MANGROLIYA, AGEDABOUT 47 YEARS, OCCUPATION: GOVT. JOB R/O HOUSENO. 47, VIJAY NAGAR WARD NO. 26, SHAJAPUR(MADHYA PRADESH)
(BY SHRI MANISH YADAV - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH P.S. KOTWALI DIST SHAJAPUR(MADHYA PRADESH)
.....APPLICANT
(BY SHRI TARUN PAGARE - PUBLIC PROSECUTOR)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is first bail application under Section 438 of Cr.P.C for grant of anticipatory bail in connection with crime No.13/2024, dated : not mentioned,registered at P.S. - Kotwali District - Shajapur for offences punishable underSections 420, 467, 468, 471, 409 of IPC.
2. As per prosecution case, the applicant who was working as Block Education Officer/Drawing and Disbursing officer has committed criminalbreach of trust and has misappropriated an amount of Rs.7,88,042/-.
3. Counsel for the applicant submits that the aforesaid alleged misappropriated amount alongwith the interest has been deposited in thedepartment through treasury. The aforesaid fact has been recorded in the order-sheet of the trial Court and the applicant has also filed documents to that effect.It is argued that the applicant is a Government servant and,therefore, there is nopossibility of his absconsion.
4. Counsel for the State opposes the prayer for grant of bail and submitsthat there is serious allegation against the applicant, however, it is not in disputethat the aforesaid defalcated amount alongwith interest has been deposited.
5. After hearing learned counsel for the parties and considering the fact that the entire alleged misappropriated amount alongwith interest has beendeposited and the applicant is a Government servant and there is no possibilityof his absconsion, I am of the view that the applicant is entitled for grant ofanticipatory bail.
6. It is directed that in the event of arrest, applicant Ramprasad shall be released on bail on furnishing a personal bond in a sum of Rs.1,00,000/- (Rs.one lakh Only) with one surety in the like amount to the satisfaction ofarresting officer. The applicant shall further abide by the other conditionsenumerated in sub-section (2) of Section 438 of Cr.P.C.
7. A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned.
8. With the aforesaid, the application is allowed and disposed off.
Certified copy as per rules.