THE HIGH COURT OF MADHYA PRADESH
(SMT. GEETA RAGHUVANSHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 28-05-2018
Shri Manish Datt, Senior Counsel with Ms. Kishwar Khan,
Advocate for the applicant.
Shri Vivek Mishra, Govt. Adv. for the respondent/State.
Shri Kapil Sharma, Advocate for the objector.
Heard with the aid of case diary.
This is first application under Section 438 of Cr.P.C. as the
applicant apprehends her arrest in connection with Crime No.61/2018
registered at Police Station Awadhpuri, Bhopal, District Bhopal (MP)
for the offences punishable under Sections 419, 420, 376(2)(k) and
120-B of the IPC.
As per prosecution story, on 25/04/18 complainant Abha Sharma
lodged a report at Police Station Awadhpuri, Bhopal, averring that she
is an Assistant Professor in Radharaman College Ratibad. In the year
2016, her friend Ashish Kumar introduced her with co-accused Noor
Singh, who told her that he was a Development Officer in LIC and
also introduced her with his wife applicant Geeta Raghuvanshi and
they had family terms thereafter. The co-accused Noor Singh allured
the complainant that she had higher degrees and she would definitely
get govt. job and on the pretext of getting her govt. job, co accused
Noorsingh took total Rs.7.5 lac from her in installments and also took
one gold chain. Noor Singh also told her that his wife applicant is
unable to give birth to a child and he would marry her after getting
divorced from her and on that pretext, he made sexual relation with the
complainant and from December 2016 to September 2017, he sexually
exploited the complainant/prosecutrix. When complainant came to
know about the fact that co-accused Noorsingh was unable to get her
a job, she demanded the amount back from him but he did not return
it. Then she told the applicant to return the amount and also told her
that she would lodge the report against Noorsingh and her. On that,
applicant assured her that if co-accused Noorsingh did not return the
money back to her, she would return that money to complainant and
applicant executed an agreement in favour of complainant in this
regard. The applicant also gave her cheque of Rs.7.5 lac which was
dishonoured by the bank. Thus co-accused Noor Singh and present
applicant committed fraud with her.
Learned counsel for the applicant submits that the applicant is
innocent and has falsely been implicated in this case. There is no
allegation in the FIR that applicant had given any assurance to the
complainant that she would get her a job and on the basis of which
applicant induced complainant to give money or applicant took money
from the complainant. So from the averment of the FIR, there is no
case for the offence under Section 420 of the IPC is made out against
the applicant. Police wrongly implicated the applicant in the crime.
The applicant is a Nurse in the Gajraraja Medical College Gwalior.
There is no possibility of her absconding. Applicant is ready to
cooperate in the investigation and trial. In the event of arrest, her
reputation will be ruined. Under these circumstances, applicant prays
for anticipatory bail.
Learned counsel for the respondent/State as well as objector
opposed the prayer and submitted that the applicant is fully involved
in the crime and executed agreement in favour of the complainant that
if co-accused Noorsingh/husband of the applicant did not pay money
to the complainant she would pay the money to the complainant and
also gave cheque amounting to Rs 7.5 lac which was dishonoured
which clearly shows that applicant was also involved in the crime. So,
she should not be released on bail.
Looking to the facts and circumstances of the case and as to the
fact that there is no allegation in the FIR that the applicant induced the
complainant for giving money or received any money from the
complainant and the applicant is a government servant, this Court is of
the considered view that it is a fit case to allow the applicant’s
anticipatory bail. Therefore, without expressing any view on the
merits, this application is allowed. It is directed that in the event of
arrest of applicant by the Police in the aforesaid crime, the applicant
shall be released on bail on her furnishing a personal bond in the sum
of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the
like amount to the satisfaction of the Arresting officer (Investigating
Officer) for her regular appearance before the Police during the
investigation or before the Court during trial.
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 her;
2. The applicant will cooperate in the investigation/trial, as the
case may be;
3. The applicant will not indulge herself in extending
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him/her from disclosing such facts to the
Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the
offence of which she is accused;
5. The applicant will not seek unnecessary adjournments during
the trial; and
6. The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned Station House
Officer for compliance.
C.C. as per rules.
(RAJEEV KUMAR DUBEY)
Digitally signed by MONIKA
Date: 2018.05.29 11:58:45 +05’30’