Rahul Vaishnav vs The State Of Madhya Pradesh on 7 March, 2022

[Cites 7, Cited by 3]

Madhya Pradesh High Court

Rahul Vaishnav vs The State Of Madhya Pradesh on 7 March, 2022

Bench: Satyendra Kumar Singh

                                      1
       IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                            BEFORE
         HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                         ON THE 7 th OF MARCH, 2022
                  MISC. CRIMINAL CASE No. 4530 of 2022

         Between:-
         RAHUL VAISHNAV
         S/O SHRI KANHAIYALAL VAISHNAV
         AGED ABOUT 29 YEARS
         OCCUPATION: AGRICULTURE
         GRAM KALYAKHEDI
         KHUJNER
         DIST. RAJGARH (MP)

                                                                  .....PETITIONER
         (BY SHRI SUNIL GUPTA, ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH
         STATION HOUSE OFFICER
         THROUGH P.S. BIAORA
         DIST. RAJGARH (MP)

                                                              .....RESPONDENTS
         (BY MS. MAMTA SHANDILYA, G.A.)
         (SHRI ANSHUL DABHADE, ADVOCATE FOR
         COMPLAINANT)
       This application coming on for orders this day, Hon'ble Shri Justice
Satyendra Kumar Singh passed the following:
                                      ORDER

With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 26.10.2021 in connection with Crime No.557/2021 registered at Police Station Biaora, District Rajgarh (M.P.) for commission of offence punishable under Sections 420, 409, 467, 468 and 471 of IPC.

Prosecution story, in brief is that applicant alongwith other employees of L&T Finance Ltd. Co. namely, co-accused Rakesh Shivhare, Rajesh Dangi, Rahul Vaishnav, Sonu Dangi and Pawan Pushpad prepared forged Aadhar card, Voter 2 ID and other documents and got opened forged bank accounts in FINO bank with the help of employees of aforesaid bank namely, co-accused Abhishek and Diwakar and sanctioned an amount of Rs.62,30,049/- towards Group Loan for Women in the name of 198 fake persons, who were not in existence. After disbursement of the said amount in forged bank accounts, withdrew and misappropriated the same.

Learned counsel for the applicant submits that at the relevant point of incident, applicant was working as Field Officer in L&T Finance Ltd. Co. and his job was only to procure and produce documents of the beneficiaries. He produced original documents before co-accused Prakash Mahawar, Manager of L&T Finance Ltd. Co. and it is nowhere mentioned that applicant was involved in making forged documents on the basis of original documents produced by him. Co-accused Prakash in his memorandum statement recorded under Section 27 of the Indian Evidence Act has specifically mentioned that he gave Rs.3.00 lacs to the applicant because he knew about his acts. Except the aforesaid memorandum statement of co-accused Prakash, there is nothing on record against the applicant, which indicates his involvement in the aforesaid crime. FIR is delayed by two years, without any reasonable cause. Investigation is complete and charge-sheet has been filed. Applicant is in custody since 26.10.2021. Charge-sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned Public Prosecutor for the non-applicant - State as well as counsel for the complainant have opposed the application and pray for its rejection.

Having considered the rival submissions, material produced on record against the applicant, it is not disputed that applicant's role was only to procure and produce the documents of the beneficiaries and therefore, considering the nature of allegations made against him and also considering other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail as his case is different from co-accused Prakash, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand 3 only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. I n view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This application is allowed and stands disposed of.

Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE gp GEETA Digitally signed by GEETA PRAMOD DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=1dc3d93a178bbacd0e9485f9f6e99335499bddb32501850 PRAMOD a4984b5b63f6d7a38, pseudonym=12F09B7BC77D4D3D96B764E8FA34B6FE3874D434, serialNumber=41554F8E701AEEB833278B4FDD900CBED72CCF299 EA61E33BBE6175289BA0390, cn=GEETA PRAMOD Date: 2022.03.08 10:20:57 +05'30'

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