Madhya Pradesh High Court
Mandhir Singh vs Smt Gayatri Bal on 25 February, 2020
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-51478-2019
The High Court Of Madhya Pradesh
MCRC-51478-2019
(MANDHIR SINGH Vs SMT GAYATRI BAL)
Jabalpur, Dated : 25-02-2020
Shri Ravi Shankar Saini, learned counsel for the applicant.
Shri Abhijit Bhowmik, learned counsel for the respondent no.1.
Arguments heard. Case diary perused.
This is the first application under Section 438 of CrPC for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No./RCT No. 490/19 registered for the offence under Sections 420, 406 of IPC.
As per the prosecution story the allegation against the applicant is that he has committed criminal breach of trust and fraudulently possessed the golden ornaments and other valuable articles amounting to Rs. 46,00,000/- belonging to the complainant/respondent no.1.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated. The matter arose out of the private complaint filed by the complainant on false and frivolous grounds. It is further submitted that the matter is of civil nature for which a civil suit is pending between the parties. Applicant is ready to co-operate with investigation and shall abide by all the conditions which may be imposed by this Court. On these grounds prayer is made to release the applicant on anticipatory bail.
Learned counsel for the respondent no.1 has opposed the prayer for grand of bail on the ground that there is prima facie case is against the applicant. During search, relevant documents have been seized from the possession of applicant. Applicant is maternal uncle of complainant and he fraudulently took the golden ornaments and other valuable articles of complainant after her marriage and has committed the criminal breach of trust. On the grounds, prayer is made to reject the bail application.
Digitally signed by NAVEEN NAGDEVE Date: 26/02/2020 03:16:292 MCRC-51478-2019 Heard learned counsel for the respective parties and perused the documents as well as the case diary.
In the case of Kamla Devi Agrawal vs. State of West Bengal and Ors.; (2002) 1 SCC 555, it has been held that even if allegation discloses the civil dispute, the same by itself may not be a ground to thwart a criminal proceeding. Looking to the nature of offence and the magnitude, this Court is of the view that it is a case in which interrogation of applicant and seizure of the documents from him cannot be ruled out. In such a nature of case, interference by granting the anticipatory bail at the time of investigation, is not warranted.
Accordingly, the application filed u/s 438 Cr.P.C. is hereby dismissed.
(AKHIL KUMAR SRIVASTAVA) JUDGE navin Digitally signed by NAVEEN NAGDEVE Date: 26/02/2020 03:16:29