Madhya Pradesh High Court
Kamta Pd Agrawal vs The State Of Madhya Pradesh on 6 August, 2015
MCRC-12612-2015
(KAMTA PD AGRAWAL Vs THE STATE OF MADHYA PRADESH)
06-08-2015
Shri Ashok Kumar Tiwari, learned counsel for the applicant. Shri P.S. Naveriya, learned counsel for the informant/objector. Shri V.K. Pandey, learned panel lawyer for the rspondent/State. Heard arguments.
Perused case diary and material on record.
This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. as he apprehends his arrest in Crime No.41/15 registered at Police Station-Civil Lines, District Jabalpur against him and others for the offences punishable under Sections 419, 420, 467, 468, 471, 504 and 120 B of the I.P.C. Prosecution allegations are that informant Vishal Singh's father, Rajendra Agrawal is one of the partners in the partnership of two buses bearing Registration Nos.MP20-E-6030 and MP20-E-9914. His father died in the year 2005. On 14.05.2012, the applicant and other partners sold the buses to co-accused Bunty Rai and Sangram Singh knowing that his father has a share in the buses and someone else has signed on Form No.28 in place of his father.
Learned counsel for the applicant submits that as per the registered partnership deed, there are five partners of the buses namely, Smt. Janak Agrawal, Madanlal Agrawal, Ratanlal Agrawal and Rajendra Agrawal, father of the informant, and Rajesh Mishra. In view of the partnership deed, the applicant has nothing to do with the buses. It is also submitted by him that Smt. Janak Agrawal is mother of the partners No.2 to 4. It is also submitted by him that co-accused Bunty Rai and Sangram Singh have given affidavits to the effect that they handed over the sale consideration of the buses to Smt. Janak -2- Agrawal at the instance of other partners. It is also submitted by him that on 11.02.2015, the informant lodged the F.I.R., whereas the buses were sold on 14.05.2012 i.e, near about three years ago and this fact was in the knowledge of the informant. It is also submitted by him that this court has granted anticipatory bail to co-accused Bunty Rai, Sangram Singh and Rajesh Mishra. Upon these submissions, learned counsel prays for grant of anticipatory bail to the applicant.
Learned counsel for the informant/objector vehemently opposes the prayer. He submits that Bunty Rai and Sangram Singh have stated in their case diary statements and 164 of the Cr.P.C. that they had purchased the buses from the applicant and he has signed on the Form No.28 impersonating himself as being Rajendra Agrawal.
Learned panel lawyer had supported the arguments advanced by the learned counsel for the objector/informant. On due consideration of the facts and circumstances of the case, the submissions advanced on behalf of the parties by their counsel, the delay in lodgement of the FIR by the informant and affidavits of the co-accused Bunty Rai and Sangram Singh and recording of their case diary statements twice which are dramatically opposite to each other, but without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for grant of anticipatory bail. Hence the application is allowed. It is ordered that in the event of arrest of the applicant in connection with the aforesaid crime number and the offences, the applicant âKamta Prasad Agrawalâ be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety -3- in the like amount to the satisfaction of the arresting police officer.
The applicant is directed to join the investigation immediately and to co-operate with the Investigating Agency. He is also directed to abide by the condition enumerated in Sub-Section 2 of Section 438 of the Cr.P.C.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE