LAWS(MPH)-2022-1-62

ABHILASHA PRAJAPATI Vs. UNION OF INDIA

Decided On January 31, 2022
Abhilasha Prajapati Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This is the second application under Sec. 438 of the Cr.P.C. for grant of anticipatory bail. Applicant Abhilasha Prajapati apprehends his arrest in connection with Crime No.RC0082018A0001 registered at Police Station CBI, ACB, District Bhopal for the offence punishable under Ss. 120B, 420, 471 of IPC and Sec. 13 (2) r/w Sec. 13 (1) of the Prevention of Corruption Act, 1988.

(2.) The first anticipatory bail application of the applicant has been dismissed for want of prosecution by this Court vide order dtd. 9/11/2021 passed in M.Cr.C.No.28779/2021.

(3.) As per prosecution case, co-accused Rajesh Chutani, the then Chief Manager of Punjab National Bank, Branch Jumerati, Bhopal abused his official position and entered into a criminal conspiracy with applicant Abhilasha Prajapati, proprietor of M/s. Abhilasha and Company, co-accused Narendra Prajapati, Mahesh Agrawal and other unknown persons and in pursuance thereof dishonestly and fraudulently sanctioned and disbursed Cash Credit Limit of Rs.4.00 crores in the name of M/s. Abhilasha and Company while applicant Abhilasha Prajapati, Proprietor of M/s. Abhilasha and Company was not eligible for the loan as per the available documents in the loan file relating to the financial details, primary security and collateral security and in view of the relevant bank circulars. It is further alleged that applicant Abhilasha Prajapati applied for the loan of 4 crore on the basis of forged and fabricated documents, the bank statement, Balance sheet, Tin registration certificate VAT returns submitted by the applicant were found forged.