Balendu Shekhar Pandey ( B. S. Pandey) v. State Of Madhya Pradesh
2020-10-14
NANDITA DUBEY
body2020
DigiLaw.ai
JUDGMENT Nandita Dubey, J. - Heard. 2. This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. 3. The applicant apprehends his arrest in connection with Crime No. 371/2020 registered at Police Station Sihora, District Jabalpur for the offences punishable under Sections 420, 120-B of IPC and Section 6 of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000. 4. As per prosecution, the complainant namely Vijay Kumar Chowdhary lodged the FIR against six persons including the present applicant alleging that on the assurance of doubling of the amount and good returns, he had invested an amount of Rs.55,300/- in Sai Prakash Properties Development Ltd. in the year 2012; the company has now been closed without returning the said amount. 5. The allegation against the present applicant is that he is the Manager of the company who has collected the aforesaid amount from the different persons. 6. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case. It is stated that the applicant was only an employee of the company and the amount collected by him was not personally defalcated. It is submitted that he has resigned from the company in December 2015, as per Annexure A/2. He further submitted that he is a resident of Jabalpur and there is no possibility of his absconding. He shall abide by all the terms and conditions as may be imposed by this Court and he is ready to co-operate in the investigation and trial. He may be released on anticipatory bail. 7. Learned Panel Lawyer for the respondent/State has opposed the bail application, however, it is not disputed by him that the present applicant was the Manager of the company. 8. Considering the contentions raised by the learned counsel for the parties, however, without adverting to the merits of the case, this application is allowed. 9. It is directed that in the event of arrest, applicant Balendu Shekhar Pandey (B.S. Pandey) shall be released on bail on his furnishing a personal bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer/competent court. 10. This order will remain operative subject to compliance of the following conditions by the applicant:- 1.
50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer/competent court. 10. This order will remain operative subject to compliance of the 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 make himself available as and when called for interrogation and 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 from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant will not seek unnecessary adjournments during trial; 5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 6. If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court. 11. This order shall remain in force till the end of the trial. 12. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sheetal Tiwari, learned Panel Lawyer, on their respective email addresses, for intimation to the police station concerned. 13. Certified copy/e-copy as per rules/directions.