NISHA AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first anticipatory bail application filed under Sec. 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending her arrest in connection with Crime No.0316/2022 registered at Police Station - Bhawarkuwa, Indore (M.P.) for commission of offence punishable under Sec. 420, 409, 406, 467, 468, 471 and 120-B of the Indian Penal Code, 1860.

(2.) As per the prosecution story, present applicant's husband Dwarkadish Agrawal is running a partnership firm in the name of M/s. Ashutosh Enterprises and initially present applicant was a partner in the firm as per the Partnership Deed dtd. 24/12/2012. M/s. Ashutosh Enterprises purchased a land situated at Village Chitawad, Tehsil and District Indore bearing survey No.153/1d/Min-1 and No.153/1[k total admeasuring 0.488 hectare from one Lalchand and Smt. Anuradha for a total sale consideration of Rs.2,95,00,000.00. The said amount was paid through a account payee cheque. On 10/02/2016 a registered sale deed was executed in favour of the Kundanlal Jaiswal and Kundanlal Jaiswal died in the year 2019. On 07/12/2017 present applicant along with other co-accused persons has a criminal conspiracy and prepared a forged and counterfeited partnership deed, which was not signed by the complainant Kishanlal and Kundanlal. Complainant Kishanlal filed a complaint case before the JMFC, Indore and vide order dtd. 15/03/2022 JMFC, Indore directed the Police Station Bhawarkuwa to register the FIR. Accordingly, offence has been registered against the present applicant.

(3.) Learned counsel for the applicant contended that applicant is innocent and she has been falsely implicated in this matter. There is no legal evidence available on record to connect the applicant with the aforementioned offence. There is no allegation made against the applicant in the whole FIR. She has no role in the business. She was merely a non-executive and namesake partner in the firm. She has retired from the said partnership firm on 22/07/2014 and during her tenure in the firm from 24/12/2012 to 22/07/2014 complainant has no business relationship with the applicant and the partnership firm.