Madhya Pradesh High Court
Ramvaran Sharma vs The State Of Madhya Pradesh on 17 November, 2014
1 M.Cri.C.7582/14
(Rambaran Sharma Vs. State of M.P.)
17/11/14
Shri Y.K.Pathak, Advocate for the applicant-
Rambaran Sharma.
Shri Vijay Sunderam, Panel Lawyer for the
respondent/State.
Heard.
Perused the case-diary.
This is first bail application preferred by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.
The applicant is apprehending his arrest in connection with crime No.112/14 registered at Police Station Hastinapur, District Gwalior for the offence punishable under Sections 420, 467, 471 of I.P.C.
As per prosecution story on 26/4/2014 a written complaint was filed by Shri Avinash Singh Chauhan, Branch Manager of the State Bank of India, Branch, Hastinaur, alleging thereby after preparing forged and fabricated document of agricultural land in the name of Devi Kumari w/o Jagjeet Singh Gurjar and similarly in the name of Radhelal s/o Ramjeet Singh Parihar, Kisan Credit Cards were obtained; an amount of Rs. 7,66,000/- was drawn from the bank. The offence wa committed by wife of Kelash, Ranmveer Gurjar etc. During investigation, it was found that in making these transactions, the applicant 2 M.Cri.C.7582/14 (Rambaran Sharma Vs. State of M.P.) and other co-accused persons were involved and therefore offences under Sections 420, 467, 468, and 471 of I.P.C.were registered at Crime No. 112/14 against the applicant and other co-accused persons.
Prayer for bail was made on the ground that the applicant has no nexus with the alleged crime and he has been falsely implicated due to enmity. He is a govt. servant and there is no chance of his absconsion, hence, it is prayed that the application may be allowed.
Prayer for bail was opposed by the learned Public Prosecutor for the State that looking to the seriousness of the offence, the application is liable to be rejected.
Having regard to the arguments advanced by the learned counsel for the parties, statement of Avinash Singh Chauhan, Branch Manager, State Bank of India, Hastinapur Branch, has been perused. Allegations made against the present applicant Rambaran Sharma are to the effect that on 14.05.2013 one Ramsahay came to the complainant Avinash and requested him to prepare Kisan Credit Card in the name of Devikumari w/o Jagjeet Singh Gurjar. Some revenue papers in regard to her land were also produced. At that time, Devikumari was not present there, therefore, when she was called, one lady came there and was identified by the present applicant as Devikumari.
3 M.Cri.C.7582/14(Rambaran Sharma Vs. State of M.P.) The allegation against the applicant is only to the extent that in fact Devikumari was not identified by him but in place of Devikumari one lady was identified as Devikumari by playing fraud. Now it is submitted by learned counsel that Devikumari herself has deposited most of the sanctioned amount of loan. In support of the contention, he filed photocopy of the statement of accounts showing the sanctioned amount.
Looking to the aforesaid facts and circumstances available on record keeping in view the allegations made against the applicant, but without expressing any opinion on the merits, the present application is hereby allowed and it is directed that if the applicant surrenders himself before the Investigating Officer on or before 29th November, 2014 and furnishes a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer, he shall be released on anticipatory bail subject to the condition that he shall make himself available for interrogation by a police officer as and when required and will cooperate in the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(B.D. Rathi) Judge (Bu) 4 M.Cri.C.7582/14 (Rambaran Sharma Vs. State of M.P.)