SATYANARAYAN SOMANI Vs. STATE OF M P

JUDGEMENT

(1.) By this application filed under Section 438 of the Cr.P.C. the applicant Satyanarayan Somani has moved the application for grant of anticipatory bail being implicated in Crime No.441/2012 registered by police station Madhav Nagar, Distt. Ujjain for offence under Section 436 of the IPC.

(2.) Counsel for the applicant has vehemently urged the fact that one Narendra Kumar Jain entered into conspiracy with complainant Sanjay and has falsely implicated the present applicant Satyanarayan Somani. Counsel submits that the applicant was a press reporter and a businessman and he is likely to face ostracisation and embarrassment, if arrested. Counsel submitted that in actual fact the applicant was trying to expose the complainants and, therefore, the allegations of setting the shops in Jagirdar Bhavan at Dhanvantari Marg on fire had been made against the present applicant. The FIR, however, does not find any mention of the name of the present applicant and civil litigation is pending between the applicant and the complainant party. Counsel prayed for grant of anticipatory bail since the applicant apprehended that due to revelation regarding false practices indulged, regarding evasion of stamp duty on several agreements of sale the applicant is likely to be arrested, due to false case made against him.

(3.) Counsel for the respondent State, on the other hand, has opposed the submission of the Counsel for the applicant and has stated that the applicant was fully implicated in the matter. He also submits that one eyewitness Ritu Sharma has made categorical allegation against Satyanarayan as having seen him flee from the spot and having set the shops ablaze. Counsel prayed for dismissal of the application.