IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 10^th OF MAY, 2022 MISC. CRIMINAL CASE No. 23218 of 2022 Between:-

AJAY S/O LATE SHRI RAMCHANDRA SAXENA , AGED ABOUT 44 YEARS, OCCUPATION: SERVICE (CLERK) 121, VIJAY NAGAR (MADHYA PRADESH)

.....APPLICANT (BY SHRI ANIRUDH SAXENA, ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION MOHAN BADODIYA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI G.S. CHOUHAN, G.A.)

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

ORDER

This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.82/2022 registered at Police Station Mohan Badodiya District Shajapur (MP) for offence punishable under Section 420, 34 of the Indian Penal Code, 1860.

Allegations against the applicant is of misappropriation and dereliction of his duties in the execution of Pradhan Mantri Gramin Avas Jojana.

Signature Not Verified SAN Counsel for the applicant has submitted that the co-accused Dayaram has already been granted anticipatory bail in M.Cr.C. No.17952/2022 vide order dated 19/04/2022 who happens to be the Sarpanch of Janpad Panchayat, Mohan Badodiya, District Shajapur whereas the present applicant was mere a clerk. Thus, it is submitted that the case of the applicant is on better footing then the co-accused Dayaram and it is submitted that he be also granted anticipatory bail on the ground of parity.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is mad out.

On due consideration of the rival submissions and perusal of the case diary and also considering the fact that the co-accused Dayaram has already been granted anticipatory bail in M.Cr.C. No.17952/2022 vide order dated 19/04/2022, this Court is of the considered opinion that the custodial interrogation of the applicant is not necessary. In view of the same, applicant has made out a case for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Certified copy as per rules.

Signature Not Verified SAN (SUBODH ABHYANKAR)

JUDGE krjoshi Signature Not Verified