AJAY HARDIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant-Ajay Hardia under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail, in connection with Crime No.527/2018 registered at Police Station-Bhanwarkuan, District-Indore (MP) for the offence punishable under Sections 420 , 467 , 468 and 471 of Indian Penal Code, 1860.

(2.) As per prosecution case, the applicant forged the document and got his institution in the name of Devi Ahilya Charitable Hospital and Research Centre, Indore registered at registration No.1221 whereas this registration number was already in the name of another Medical Practitioner namely; Rakesh Jain and he committed the same by forging the document and secondly, constructed the Institution on plot of 1.00 lac square feet, whereas he was not entitled for more than 7000 square feet. Accordingly case has been registered against him.

(3.) Learned counsel for the applicant submits that investigation is almost over and final report is prepared. He submits that he is being victimized and two other false FIR has been lodged against him in which he was granted bail and in-fact he had to file the FIR against the objector against whom a case has been registered. He also submits that had the institution was not being run as per the provisions of Indian Medical Council Act , 1956, the inspection team from Delhi would have made its remark, however, inspection was duly conducted and no fault was found therein. He also pointed out that the allegation made against him is that he inducted the students for the course of DMAT and made them to appear for the examination of DOR which was the result of clerical error for which he cannot be blamed and this fact was also brought to the notice of Hon'ble High Court in MCRC No.12497/2016. Similar submissions were made and Hon'ble High Court granted bail to him on 19.12.2016. He further submits that complainant does not have any locus-standi and lastly that looking to the fact that it is a business rivalry and therefore this complaint has been registered against the applicant as well. He submits that investigation is almost over and prays for release of the applicant on bail.