ORDER
Case diary is available.
2. This application under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023/438 of Cr.P.C. has been filed by the applicant seeking anticipatory bail in Crime No.04/2026, registered at Police Station State Economic Investigation Bureau, Unit Sagar, Bhopal (EOW) for the offence under Sections 420, 120B of Indian Penal Code and Section 7 of the Prevention of Corruption Act, 1988.
3. It is submitted by counsel for the applicant that the applicant is a retired government employee suffering from various medical ailments and his treatment is going on. Accordingly to the complainants, who are Advocates and have nothing to do with the affairs of the office of the applicant made a complaint that the applicant issued a wrong experience
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certificate in favour of M/s.Aman Enterprises, Ajaygarh Square, Panna, whereas the work was done by Umapati Drillers, Damoh and the said false experience certificate has been used by Aman Enterprises in other tenders. It is submitted that there is nothing on record that there was any money transaction between the applicant and M/s Aman Enterprises. It is submitted that even for the sake of arguments, if it is accepted that wrong experience certificate was issued, still it would be a case of negligence but in absence of any mens rea or common intention with M/s Aman Enterprises, the allegations will not make out a criminal offence. The applicant is ready and willing to abide by any condition imposed by this Court. Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
5. Per contra, the application is vehemently opposed by learned counsel for the EOW, however, it submitted that the investigation is still pending but so far, no money trails could be found between the applicant and M/s Aman Enterprises.
6. Considering the age of the applicant coupled with the nature of allegations, this Court is of the considered opinion that it is a fit case for grant of anticipatory bail. Accordingly, if the applicant surrenders before the Investigating Officer on or before 17.02.2026 and furnishes a personal bond in the sum of Rs.1,00,000/- (Rs. One Lacs Only) with one surety in the like amount to the satisfaction of the Investigating Officer, then, he shall be released on bail.
7. It is made clear that in case, if the applicant fails to surrender before
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(G. S. AHLUWALIA)
JUDGE
the Investigating Officer on or before 17.02.2026, then, this order of anticipatory bail shall automatically cancelled.
8. A further liberty is granted to the State/EOW that in case, the applicant does not co-operate in the investigation, then, State/EOW will be at liberty to file an application for cancellation of this anticipatory bail.
9. With aforesaid observations, the application for grant of anticipatory bail is allowed.
10. In the light of the judgment passed by the Supreme Court in the case of XYZ and others Vs. State of MP and Another, reported in (2021) 16 SCC 179, the intimation regarding of bail be sent to the complainant. anand
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