Madhya Pradesh High Court
Anil Kumar Dwivedi vs The State Of Madhya Pradesh on 6 July, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-20630-2018
(ANIL KUMAR DWIVEDI & ANR Vs STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 06-07-2018
Shri Manish Datt, Senior Advocate with Shri Abhijeet
Awasthy, learned counsel for the applicant.
Shri Santosh Yadav, Panel Lawyer for the
respondent/State.
Shri Sanjeev Kumar Singh, counsel for the objector. Heard both the learned counsel for the parties. This is first bail application filed by the applicants Anil Kumar Dwivedi and Vindhyachal Prasad Chaurasiya under Section 438 of CrPC for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime No.782/2016, registered at P.S - City Kotwali, District Satna under Sections 420, 467, 468 & 471 of IPC.
As per prosecution case, applicants are the member of a Cooperative Society named as 'Ganga Grah Nirman Society' dealing in Development of Housing projects in Satna District. In order to obtain registration of the said society from the Cooperative Registrar, they produced forged ration card before him in the year 2005.
Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in this case. The applicants are residing at Satna since year 2000. So there is no reason for them to fabricate the ration card. Applicants took the ration card from concerned authority. There is no evidence to show that ration cards were forged. It is alleged that applicants produced forged ration card before the concerned authority for getting registration of Cooperative Society in the year 2005 while police registered the case against the applicants in the year 2016 while during that period applicants were running that Society without any complaint.
THE HIGH COURT OF MADHYA PRADESH MCRC-20630-2018 (ANIL KUMAR DWIVEDI & ANR Vs STATE OF MADHYA PRADESH) 2 Complainant wrongly lodged complaint against the applicants just to harass them. Applicants are ready to cooperate in the investigation and trial. In the event of arrest, their reputation will be ruined. Under these circumstances, applicant prays for bail.
Learned counsel for the State as well as learned counsel for the objector opposed the prayer and submitted that from the evidence collected by the prosecution, it is clear that applicants produced forged ration card before Registrar Cooperative Society for getting registration of Cooperative Society in the name of Ganga Grah Nirman Society and thus committed forgery. In the ration card produced by the applicants it is mentioned that it was issued by the municipal corporation. While the officer of Corporation Satna clearly denied from the fact that said ration cards were issued by the Municipal Corporation Satna. So applicants should not released on bail.
Although in the case diary statement of Ashok Kumar Kewat Clerk of Municipal Corporation, Satna, it is mentioned that the said ration cards were not issued by the Municipal Corporation Satna but it is not clear that on what basis he gave that statement because police did not seize any record in this regard. On the other hand applicants produced the information taken by them under R.T.I. Act from Municipal Corporation Satna in which it is mentioned that no record was available in the Corporation regarding issuing the said ration cards. Applicants also filed government notification which shows that from that time the ration cards issued would be by the Municipal Corporations. Applicants produced said ration cards before Registrar Cooperative Society in the year 2004-05 while THE HIGH COURT OF MADHYA PRADESH MCRC-20630-2018 (ANIL KUMAR DWIVEDI & ANR Vs STATE OF MADHYA PRADESH) 3 complainant lodged the report in the year 2016. Even in the report of Investigating Officer dated 28/05/18, it is mentioned that in the Information received from Municipal Corporation Satna it is mentioned that at that time ration cards were issued by the Food Department while in the information received from Food Department it is mentioned that they were issued by the Municipal Corporation. So in the absence of clear information, it is not certain whether the present ration card is fake or not, so without commenting on merits of the case, the application is allowed. It is directed that in the event of arrest by Police in the aforesaid case, the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) each with a solvent surety each in the like amount to the satisfaction of the Arresting Officer for their regular appearance before the Police during the investigation or before the Court during trial.
This order will remain operative subject to compliance of the following conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the investigation/trial, as the case may be;
3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit an offence similar to the offence of which they are accused;
THE HIGH COURT OF MADHYA PRADESH MCRC-20630-2018 (ANIL KUMAR DWIVEDI & ANR Vs STATE OF MADHYA PRADESH) 4
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned Station House Officer for compliance.
C.C. as per rules.
(Rajeev Kumar Dubey) Judge (ra) Digitally signed by RANJEET AHIRWAL Date: 2018.07.09 11:31:10 +05'30'