High CourtsSingle Bench

Gaurav Sharma vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 31 March 2023 · Citation: (2023) 03 MP CK 0142

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 34, 420, 467, 468, 471
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 12384 Of 2023
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Judgment

9 paragraphs · 322 words

Deepak Kumar Agarwal, J

This is first application under section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No.498 of 2022 registered at Police Station Dehat, District Bhind for the offence under Sections 420, 467, 468, 471 and 34 of IPC.

Prosecution case, in short, is that complainant Rajaram lodged an FIR against Vijay Pratap alleging that on the pretext of compromise, he took his signature on the agreement of sale deed , in which Gaurav Sharma signed as a witness. On his report, Crime No.498 of 2022 registered at Police Station Dehat, District Bhind for the offence under Sections 420, 467, 468, 471 and 34 of IPC was registered against present applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further submitted that he is a student of LLB, IIIrd year. He worked in the office of Senior Advocate. The applicant is ready to co-operate with the investigation and there is no possibility of his absconding or tampering with the prosecution case. On these grounds, he prayed for anticipatory bail.

Learned Public Prosecutor for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the case diary. Looking to the aforesaid facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the Arresting Authority/Investigating Officer. The applicant shall abide by the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

With the aforesaid, the present application stands disposed of.

Certified copy as per rules.