Madhya Pradesh High Court
Mukesh Singh Yadav vs The State Of Madhya Pradesh Thr on 22 January, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-1083-2018
(MUKESH SINGH YADAV Vs THE STATE OF MADHYA PRADESH THR)
Gwalior, Dated : 22-01-2018
Shri Lokendra Shrivastava, Advocate for applicant.
Shri Devendra Chaubey, Public Prosecutor for respondent/State.
Case diary is available.
This is first application under Section 438 of Cr.P.C. for grant of sh anticipatory bail.
The applicant apprehends his arrest in connection with Crime e ad No.454/2017 registered by Police Station Civil Line Morena, District Morena for offence under Sections 420, 467, 468 and 471 of IPC.
Pr It is submitted by the counsel for the applicant that according to a the prosecution case, a KCC limit loan was fraudulently sanctioned in hy favour of one Jagdish. The only allegation against the applicant is that ad he had signed the bank documents as an introducer for opening the account in the name of one Jagdish, which was subsequently found to M be a fake consumer. It is submitted that this Court by order dated of 11/9/2017 passed in M.Cr.C. No.8962/2017 has granted bail under Section 439 of Cr.P.C. to the co-accused Dinesh Sharma, whose case rt is identical to that of the present applicant. ou Per contra, it is submitted by the counsel for the State that the C co-accused Dinesh Sharma was granted bail under Section 439 of Cr.P.C. The allegations are that one bank account in the fake name of h ig one Jagdish was opened and forged loan amount was sanctioned, H which was deposited in the said account and since the applicant had introduced the said fake Jagdish, therefore, it cannot be said that the applicant has no role to play in the matter.
Considering the fact that the co-accused against whom identical allegations have been made has been granted bail by this Court under Section 439 of Cr.P.C., therefore, this application under Section 438 of Cr.P.C. is dismissed with a direction that in case if the applicant after surrendering before the investigating officer files an application under Section 439 of Cr.P.C., then the same shall be decided as early as possible, as directed by the Supreme Court in the case of Hussain & Anr. vs. Union of India reported in (2017) 5 SCC 702.
(G.S. AHLUWALIA) JUDGE Arun* Digitally signed by ARUN KUMAR MISHRA Date: 2018.01.24 11:45:56 +05'30' e sh ad Pr a hy ad M of rt ou C h ig H