Madhya Pradesh High Court
Kishore Sharma vs The State Of Madhya Pradesh on 21 February, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 21st OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 4555 of 2022
Between:-
KISHORE SHARMA
S/O RADHESHYAM SHARMA,
AGED ABOUT 48 YEARS,
OCCUPATION: BUSINESS
R/o.VILLAGE KARI,
TEHSIL AND DISTRICT BARWANI (MADHYA
PRADESH)
.....Applicant
(BY SHRI VIVEK SINGH, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
KUKSHI
DIST.: DHAR, (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SACHIN JAISWAL, PANEL LAWYER )
This application coming on for admission this day, the court passed
the following:
ORDER
This is the first application filed by the applicants under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
T he applicant is apprehending his arrest in connection with Crime No.33/2022, registered at Police Station Kukshi, District Dhar for the offence punishable under Section 420, 409, 34 of IPC, 1860.
A s per prosecution story, on 22/11/2021 a written complaint was received and the same was enquired, in which it is found that the complainants Ratan, Sursingh and Ratansingh have borrowed the papers of land and obtained Kisan Credit Card, the amount received through it was not given to the KCC holders. Allegation levelled against the accused persons is that they have obtained loan on Kisan Credit Card of various farmers and also obtained SUMA Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF cash from farmers and induced them that the said amount will be transferred to THI MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a54 various bank accounts. Later when complainants asked the accused persons to 32c9ce6df4c49ae556251c6a1b1fca JAGAD 11a86643b2a2, pseudonym=BEF252392AFC4F748B 6F8C1E18D805F7FACD91F2, serialNumber=28E58B6FE482FD4D F2469FAAFF13E836178C3C81533B EESAN F4D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.02.26 16:58:59 +05'30' 2 return their respective amount, the applicant and co accused persons threatened them to auction their belonging land and refused to return the money, a sum of Rs.3,90,000/- which belongs to the complainants and by such act, cheating has been done to the complainants. On the basis of which case has been registered against the applicant and accused persons.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there is no legal and admissible evidence available against the applicant. The date of the incident is between 01/10/2019 to 10/02/020 and the FIR was lodged on 09/01/2022 i.e. after a delay of 15 months. The KCC holders/complainant has used the account for long time and then all of a sudden a complaint was filed against the applicant. The case is based on documentary evidence and there is no requirement of custodial interrogation of the applicant. The applicant is ready to deposit half of the alleged amount i.e. Rs.1,95,000/- before the concerned Court. There is no likelihood of his absconding or tampering with the prosecution evidence. On these grounds, the applicant may be enlarged on anticipatory bail.
Learned Panel Lawyer on the other hand has opposed the bail application by submitting that the applicant has obtained cash from the farmers by falsely stating that the said amount would be transferred to their bank accounts and refused to return the said amount, hence no ground is made out for grant of anticipatory bail to the applicant.
I have heard the counsel for the parties and perused the record.
Considering the facts and circumstances of the case in their entirety particularly the facts as pointed out by learned counsel for the applicant, in the opinion of this Court, the applicant deserves to be released on bail. Consequently, this first application for bail under Section 438 of Cr.P.C filed on behalf of the applicant is allowed.
It is directed that in the event of his arrest, the applicant be released on SUMATHI JAGADEESAN anticipatory bail subject to depositing the half of the alleged amount i.e. Digitally signed by SUMATHI JAGADEESAN Rs.1,95,000/- (Rupees One lakh Ninety Five Thousand only) received DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a5432c9ce6df4c49ae556251c6a1b 1fca11a86643b2a2, pseudonym=BEF252392AFC4F748B6F8C1E18D805F7FACD91F2, serialNumber=28E58B6FE482FD4DF2469FAAFF13E836178C3C815 33BF4D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.02.26 16:59:16 +05'30' 3 from the complainants before the concerned trial Court and on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand only) with a solvent surety each in the same amount to the satisfaction of the Arresting Officer and for complying with the conditions enumerated in sub-Section (2) of Section 438 of the Cr.P.C.
T h e applicant shall appear before the concerned Investigating Officer/trial Court as and when required and shall cooperate in the investigation of the matter.
If the applicant has deposited the alleged amount as aforementioned before the concerned Court, the deposited amount may be refunded to the complainants on furnishing security to the satisfaction of the trial Court.
Certified copy, as per Rules.
(RAJENDRA KUMAR (VERMA)) JUDGE sumathi SUMATHI Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a5432c9ce JAGADEE 6df4c49ae556251c6a1b1fca11a86643b2a2 , pseudonym=BEF252392AFC4F748B6F8C1 E18D805F7FACD91F2, SAN serialNumber=28E58B6FE482FD4DF2469F AAFF13E836178C3C81533BF4D0F8641FF AB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.02.26 16:59:34 +05'30'