Smt. Geeta Raghuvanshi vs State Of Madhya Pradesh

This is first application under Section 438 of Cr. .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, t ere 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 Medic l College

Gwalior. There is no possibility of her absconding. Applicant is ready to cooperate in the investigation and tri l. 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 No rsingh/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 :-

The applicant will comply with all the terms and conditions of the bond executed by her;

The applicant will cooperate in the investigation/trial, as the case may be;

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 uch facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which she is accused;

The applicant will not seek unnecessary adjournments during the trial; and

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