Anand vs State Of Madhya Pradesh

They are heard. Perused the case diary.

This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his / her arrest in connection with Crime No.461/2019 registered at Police Station Sanyogitaganj, Indore District Indore (MP) for offence punishable under Sections 420, 467, 468 and 120-B of the Indian Penal Code, 1860.

As per prosecution case, on 10.07.2019 complainant Milind Shende s/o Dinkar Shende made a written complaint to the Senior Superintendent of Police, Indore against Gurdeep s/o Gurveer Chawla and Ranveer Singh @ Rikky s/o Gurveer Chawla about obtaining house loan to the tune of Rs.35,00,000/- and Car Loan to the tune of Rs.7,00,000/- in his name on the basis of fabrication of documents, thereby he has been cheated. Therefore, on 15.10.2019 FIR has been registered at Police Station Sanyogitaganj, Indore against accused persons Gurdeep Singh Chawla s/o Gurveer Singh Chawla, Ranveer Singh @       Rikky s/o Gurveer Singh Chawla (present applicant), Rajkumar Meena, Bank Manager, Andhra Bank, Chhawni, Indore and Anand Yadav s/o Ram Singh Yadav for commission of offence under Sections 420, 467, 468 and 120-B of the Indian Penal Code, 1860.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. Complainant Milind Shende s/o Dinkar Shende himself got sanctioned house loan to the tune of Rs.35,00,000/- from Andhra Bank, Chhawani Branch, Murai Mohalla, Chhawani Main Road, Indore. Loan amount has been transferred in the account of the complainant. Thereafter, he transferred the said amount in the bank account of present applicant through Real Time Gross Settlement (RTGS) which clearly indicates that complainant was aware with the fact that he has obtained loan from Andhra Bank. He also executed document infavour of Andhra Bank regarding the said loan amount. Therefore, the complaint made by the complainant appears to be false and frivolous. The applicant has no connection with the present crime. It is further submitted that the applicant is ready to co-operate with the investigation. There is no possibility of absconsion or tampering of the evidence if the applicant is released on anticipatory bail. Under these circumstances, learned counsel prays for grant of anticipatory bail to the applicant.

On the other hand, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the application and prays for rejection of the anticipatory bail application.

Considering the facts and circumstances of the case, but without commenting anything on the merits of the matter, I deem it proper to grant anticipatory bail to the applicant.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Anand s/o Ram Singh Yadav shall be released on bail, upon his / her executing a personal bond in the sum of Rs.50,000/-(rupees fifty thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, Miscellaneous Criminal Case No.1335/2020 stands allowed.