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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Yogesh Singhal – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 2025 of 2023
Decided On : 13-01-2023
Anticipatory Bail - Financial Transaction - The court allowed the application for anticipatory bail, ordering the release of the applicant on bail upon arrest, considering the financial transaction and the timing of the FIR.
Fact of the Case:
The applicant filed for anticipatory bail in connection with a case registered for the offence punishable under Sections 420 of IPC, involving a financial transaction of Rs.37 lacs. The applicant claimed innocence and cooperation in the investigation.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the application for anticipatory bail, ordering the release of the applicant on bail upon arrest, with specified conditions.
Issues: The main issue was the grant of anticipatory bail to the applicant in connection with the alleged offence.
Ratio Decidendi: The court considered the timing of the incident, the filing of the FIR after three years, and the applicant's willingness to cooperate in the investigation in reaching its decision to grant anticipatory bail.
Final Decision: The court allowed the application for anticipatory bail and ordered the release of the applicant on bail upon arrest, with specified conditions.
JUDGMENT
Deepak Kumar Agarwal, J. - This is first application under section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail.
2. The applicant apprehending his arrest in connection with Crime No.22/2020 registered at Police Station Bahodapur District Gwalior (MP) for the offence punishable under Sections 420 of IPC.
3. The allegation against present applicant is that a financial transactions took place between the applicant and complainant to the tune of Rs.37 lacs but present applicant did not repay the said amount. Offence was registered.
4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. It is also submitted that the incident said to have taken place between December, 2015 to June-2017 and FIR was lodged after three years of the incident. He is ready to cooperate in the investigation. There is no likelihood of her absconding or tempering with the prosecution case. He is ready and willing to abide by all the conditions which may be imposed by this Court while granting anticipatory bail. Hence, it is prayed that applicant may be enlarged on anticipatory bail.
5. On the other hand, learned Public Prosecutor vehemently opposed present anticipatory bail application and prayed for its rejection.
6. Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the record.
7. Looking to the aforesaid facts and circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Arresting Authority.
8. Applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
9. With the aforesaid directions, the present application stands allowed and disposed of.
Certified copy/e-copy as per rules.
The court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Anticipatory bail can be granted when there is insufficient evidence to warrant custodial interrogation, emphasizing the presumption of innocence and the right to personal liberty.
The main legal point established in the judgment is the court's discretion in granting anticipatory bail based on the overall facts and circumstances of the case and the likelihood of the applicant's....
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
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