VIPUL YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These are the first applications filed by the applicant under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in connection with Crime No.333/2024 in M.Cr.C. No.44763/2025 and Crime No.334/2024 in M.Cr.C. No.44757/2025 registered at Police Station Budhni, District Sehore (M.P.) for the offence punishable under Ss. 419, 420, 467, 468, 471 and 34 of the Indian Penal Code.

(2.) Learned senior counsel for the applicant has submitted that these bail applications are entertainable as he has challenged the proceedings initiated against the applicant under Sec. 82/84 of Cr.P.C. in the light of the judgment passed by Hon'ble the Apex Court in the case of Asha Dubey Vs. State of Madhya Pradesh in Cr.A. No.4564/2024 arising out of SLP (Crl.) No.13123/2024 vide order dtd. 12/11/2024 and has submitted that it is the allegation against the applicant that he was a partner along with Mrs. Vimla Bai for development of a colony. It is alleged that he has forged the agreement to sale and on that basis, the FIR was registered against him in the year, 2024.

(3.) Learned senior counsel for the applicant has submitted that basically the agreement was genuine and after obtaining the TNCP permission, the complainant with malice intention has stated that the document has been forged and to support the complainant's version, the police examined the document by the handwriting expert and handwriting expert has opined that document to be forged one as it does not bear the signatures of the executant. On that point, learned senior counsel for the applicant has submitted that the Notary who has verified the factum of agreement Mr. Kailash Singh Chauhan, in his statement recorded under Sec. 180 of BNSS/161 of Cr.P.C., has supported that the agreement to sale was executed.