Chander Singh S/O. Jatal Singh And Others vs State Of M.P

Vivek Rusia, J

These are first bail applications filed under Section 438 of Cr.P.C. by the applicants â€" Chander Singh S/o. Jatal Singh and Rajesh S/o. Dinesh

Rathore, who are apprehending their arrest in connection with Crime No.18/2019 registered at Police Station Lalghati, District Shajapur for the

offence punishable under Section 420, 467 and 468 of the IPC.

As per the prosecution story, complainant - Lakhanlal has lodged the FIR that he is having family terms with Jagdish who works in the Bharat Gas

Agency. He wanted a loan of Rs.7.00 Lakhs. Jagdish offered his help and took his house papers, voter ID and 25 blank cheques. He got the loan of

Rs.7,00,000/- sanctioned and received the cheque of the said amount from Aspire Home Finance. He deposited the said cheque in his account in State

Bank of India Branch Magriya, Shajapur. When he presented for the cheque for withdrawal after 5-6 days, he came to know that Jagdish along with

others has already withdrawn Rs.5,50,000/- fraudulently by using the blank cheques. Accordingly, the police has registered the FIR against the present

applicants and other accused persons. During investigation, the police has found that amount of Rs.50,000/- - 50,000/- has come into the account of

the applicants.

Learned counsel for the applicants in both the M.Cr.Cs. submit that the applicants have been falsely implicated in the case. The applicants have filed

the affidavit of the complainant along with these bail applications and according to which, a compromise has been arrived between them and he has

received the amount. Learned counsel for the applicants submit that the other accused have been granted regular bail by the trial Court itself. The

main allegations are against Jagdish. The applicants had business transaction with the complainant and the amount was paid to them under the said

business transaction. They, therefore, prayed for protection of applicants from their arrest.

Learned Panel Advocate appearing for the respondent/State opposes the prayer and prayed for dismissal of the bail applications.

In view of the above facts and circumstances of the case, I am of the opinion that the applicants are entitled to be released on anticipatory bail.

Accordingly, these M.Cr.Cs. are allowed and it is directed that in the event of arrest, the applicants shall be released on bail upon their furnishing

personal bonds in the sum of Rs.30,000/- (Rupees Thirty Thousand only) each with separate sureties in the like amount to the satisfaction of the

arresting officer. This order shall be governed by the conditions No.1 to 3 of sub section (2) of section 438 Cr.P.C. The applicants shall also co-

operate with the investigation.

With the aforesaid, these M.Cr.Cs. stand disposed of.

C.C.    as per rules.