Madhya Pradesh High Court
Krisnakant Mishra vs The State Of Madhya Pradesh on 12 September, 2014
M.Cr.C. No.12256/2014
12/09/2014
Shri Prakash Upadhyay, Advocate for the
applicant.
Shri S.K.Kashyap, Public Prosecutor for the
respondent-State.
Shri Subodh Tamrakar, Advocate for the objector.
Heard the learned counsel for the parties. The applicant is apprehending his arrest in connection with Crime No.182/2014 registered at Police Station Naigadhi District Rewa for the offences punishable under Sections 420, 467, 468, 471 of IPC.
Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. It is alleged against the applicant that he sold some stamp papers to someone in the name of Mahamuni, whereas neither Mahamuni appeared before the applicant nor he appended his signature on the endorsement on the stamp papers that he purchased the same. Thereafter it is alleged that on the basis of such stamp papers, forged rent agreement was prepared. However, the mistake pointed out may amount the irregularities committed by the applicant against the rules. However, there is no participation of the applicant either in forgery or cheating. If someone appears before the stamp vendor to purchase the stamp paper in a particular name, then due to clerical error it is possible that his signature would not have obtained on the back of the stamp paper. No alleged offence is made out against the applicant. At the most the applicant has violated the concerned rule. The police is unnecessarily harassing the applicant. Under these circumstances, he prays for anticipatory bail.
Learned counsel for the State opposes the application.
Learned counsel for the objector also opposes the application.
Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicant has a good case for grant of bail of anticipatory nature. Consequently, his application under Section 438 of Cr.P.C. is hereby allowed.
It is directed that in the event of arrest, present applicant namely Krisnakant Mishra shall be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees thirty five thousand only) with a solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation Officer).
The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.
Certified copy as per rules.
(N.K.Gupta) Judge Ansari