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2023 DIGILAW 367 (MP)

Akhilesh v. State of Madhya Pradesh

2023-03-15

VIJAY KUMAR SHUKLA

body2023
JUDGMENT Vijay Kumar Shukla, J. - This is first bail application under Section 438 of Cr.P.C for grant of anticipatory bail in connection with crime No.352/2022, registered at P.S - Barod, District - Agar (M.P) for offences punishable under Sections 457, 380, 420, 467, 468, 471 of IPC. 2. It is alleged that the co-accused Chandrapal Singh is a civil Government Contractor. He had submitted FDRs of Rs.3,35,000/- with Municipal Corporation, Barod towards security. As per the prosecution the aforesaid FDRs were stolen by the present applicant and forged documents were prepared with the collusion of the co-accused person. It is further alleged that the aforesaid FDRs have been encashed and the amount has been transferred in the co-accused person's company. 3. Counsel for the applicant submits that co-accused Chandrapal Singh, Government Contractor has been granted anticipatory bail on the condition of deposit of Rs.3,35,000/- in the account of Municipal Corporation, Barod. He has placed reliance on order dated 25/1/2023 passed in M.Cr.C No.61793/2022. It is further submitted that in pursuant to the said order, co-accused Chandrapal Singh has already deposited the alleged defalcated amount in the account of the Municipal Council, Barod. He has filed receipts to show that amount of Rs.3,35,000/- has been deposited in the account of Municipal Council, Barod. 4. Counsel for the State submits that the applicant was working as a daily wager in the Municipal Council, Barod and the allegation against him is of theft of the FDRs and handing over the same to the co-accused person. 5. After hearing learned counsel for the parties and taking into consideration the fact that the co-accused person, Chandrapal Singh has been granted anticipatory bail on the condition of deposit of defalcated amount of Rs.3,35,000/- and the same has been deposited, I am of the view that the present applicant is entitled for grant of anticipatory bail on the condition that he will co-operate with the investigation. 6. It is directed that in the event of arrest, applicant shall be released on bail on his 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 of arresting officer. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. 7. One lakh Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated 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 the Advocate General, on their email address, for intimation to the Police Station concerned. 8. Certified copy as per rules.