VISHAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is applicant's first application under Sec. 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.1211/2022 registered at Police Station Bhanwarkua, Indore (MP) for offence punishable under Sec. 420, 406, 467, 468, 471, 34 of the Indian Penal Code, 1860. Allegations against the applicant is that he was also involved in the aforesaid case wherein it is alleged that he and the other co-accused persons obtained Rs.6.00 lakh each from the complainant in the form of brokerage, in respect of a document titled as Vikray Anubandh Lekh, which according to the applicant was a partnership deed.

(2.) Counsel for the applicant has submitted that though the applicant has signed the aforesaid document but as a witness only, and has not cheated the complainant in any manner. Counsel has further submitted that the co-accused Satpal Kachwaha has already been granted regular bail by this Court in M.Cr.C. No.50378/2023 vide order dtd. 28/11/2023 and in case of his arrest, irreparable injuries shall be occasioned to his reputation. Hence, it is submitted that the application be allowed and he be released on anticipatory bail. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for anticipatory bail is made out.

(3.) On due consideration of the rival submissions and perusal of the case diary as also the order passed by this Court in M.Cr.C. No.50378/2023, this Court is of the considered opinion that the custodial interrogation of the applicant is not necessary in the present case. Thus, without reflecting anything on the merits of the case, the application filed under Sec. 438 of Cr.P.C. on behalf of the applicant is hereby allowed subject to deposit a sum of Rs.4,00,000.00 (Rupees Four Lakh only), and the said amount shall be subject to the final outcome of the case by the trial Court.