Madhya Pradesh High Court
Neeraj Sharma vs The State Of Madhya Pradesh on 22 February, 2019
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HIGH COURT OF MADHYA PRADESH
MCRC No.7905/2019
(Neeraj Sharma Vs State of Madhya Pradesh)
Gwalior, Dated : 22.02.2019
Shri Rajiv Sharma, learned counsel with Shri Hemant Singh
Rana, counsel for the applicant.
Shri Kshitij Sharma, learned Public Prosecutor for the
respondent/State.
With consent heard finally.
The applicant has filed this first anticipatory bail application under Section 438 of Cr.P.C.
The applicant is apprehending his arrest in connection with Crime No.37/2019 registered at Police Station Nateran, District Vidisha, for the offences punishable under Sections 408, 420, 467, 471, 477-A of IPC.
Learned counsel for the applicant submits that on 07.02.2019, complainant-Sushil Kumar Sharma, Branch Manager, Zila Sahkari Kendriya Bank Maryadit, Vidisha submitted a written report at Police Station Nateran District Vidisha alleging therein that present applicant Neeraj Sharma, Sahayak Samiti Pravandhak, Prathmik Krishi Sakh Sahakari Samiti Pamariya Branch Nateran had dishonestly and fraudulently prepared forged documents and on these forged documents, he had caused loss Rs.25,08,410.29 to the Bank. On this, one inquiry was made against him and found the guilt. On 07.10.2017, 2 HIGH COURT OF MADHYA PRADESH MCRC No.7905/2019 (Neeraj Sharma Vs State of Madhya Pradesh) he had deposited Rs.7,00,000/- but afterwards he again tried to make a loss to the Bank on the names of members Shri Lakhan Singh & Shri Kamal Singh. On the basis of this written application, the present case has been registered against the applicant. It is further submitted that after two years, F.I.R. was lodged against the applicant. The allegation of cheating and forgery is made against the applicant. Factum of cheating and forgery is yet to be established. The applicant is innocent and has been falsely implicated in this case. He is sole earning member of his family. There are no criminal antecedents. There is no possibility of the applicant's fleeing away from justice and he is ready to cooperate in the investigation. On these grounds, he prays for anticipatory bail to the applicant.
Learned Public Prosecutor for the State opposed the application on the ground that the applicant has caused loss Rs.25,08,410.29 to the Bank. On 07.10.2017, he had deposited Rs.7,00,000/- but afterwards he again tried to make a loss to the Bank on the names of members Shri Lakhan Singh & Shri Kamal Singh. The allegation against the applicant is of cheating and forgery. Hence, he prayed for rejection of this bail application.
Heard learned counsel for the parties and perused the case diary. Looking to the gravity of the offence and the facts and 3 HIGH COURT OF MADHYA PRADESH MCRC No.7905/2019 (Neeraj Sharma Vs State of Madhya Pradesh) circumstances of the case, this Court is not inclined to allow the first anticipatory bail application under Section 438 of Cr.P.C. Hence, the application is rejected.
(Rajeev Kumar Shrivastava) Judge AK/-
ANAND KUMAR 2019.02.25 10:57:53 +05'30'