ANVESH MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C.

(2.) The applicant-accused is in jail in connection with Crime No.511/2019 registered at Police Station Kareli District Narsinghpur (MP), for the offence punishable under Sections 420 , 467 , 468 , 471 , 477-A and 34 of the IPC.

(3.) As per the case of the prosecution, two complaints were made by Dharmendra Kumar Upadhyay ("Complainant No.1") and Satish Yadav ("Complainant No.2"). In his complaint dated 29.8.18 to the Collector, Narsinghpur, it was stated by the Complainant No.1 that a forged account was opened in his name at Bank of Baroda ("Bank"), Branch-Kareli by Avnesh Mishra (Manager, Bank of Baroda), Gautam Lunawat, Harish Lunawat and Anshul Lunawat and after getting the loan approved, they have kept it with themselves. It was further stated that Complainant No.1 had not signed on any document in respect of the said loan and aforesaid persons, with the intention to usurp loan amount in his name, have submitted forged documents. Further, for the purpose of guarantee, signature of the Complainant No.1, his father Shri Prakash Upadhaya, and that of his near relatives had been taken on blank cheques and blank stamp papers, which are being misused for the purpose of harassing them. Further, recovery proceedings is being carried through bank agents and threats are being given that if fact regarding fake loans is disclosed, then by misusing blank cheques and blank stamp papers, father and other persons concerned with the Complainant would be sent to jail. It was further stated that by the Complainant No.1 that he has not withdrawn any amount and for the purpose of FD, he had deposited an amount of Rs. 6,47,744/- on 27.5.18, Rs. 9,56,175/- on 25.7.18, Rs. 27,380/- on 26.7.18 and Rs.11,978/- on 26.7.18. However, he later got to know that aforesaid persons had, by conspiring amongst themselves, deposited aforesaid amounts meant for FD in fake loan account which was opened in his name. On inquiring about the aforesaid amounts, threats of life and that of implication of the Complainant and his relatives in false cases are being given by aforesaid persons and bank manager. Further, when the Complainant No.1 tried to seek information through RTI, information was provided and he is apprehensive that cheque no. 13168, which was in the handbag of his father, was stolen by aforesaid persons and having filled the said cheque, they are giving threats.