Kailash Chandra Goyal vs State Of Madhya Pradesh

J. P. Gupta, J

This is first application under section 438 Cr.P.C. for grant of anticipatory bail on behalf of applicant Kailashchandra Goyal who is apprehending his

arrest in relation to crime No. 44/2021 registered at Police Station Azad Nagar, Indore for the offence punishable under sections 420 and 506 of IPC.

The allegation against the applicant is that he received Rs.8,80,000/- by cheating from the father of the complainant as he denied to return the money

or gave the plot as promised by him and threatened him to kill if he continues to demand the money, therefore the offence has been registered.

Learned counsel for the applicant submitted that applicant is innocent and he has falsely been implicated in the present crime. He has no criminal

antecedents. There is no likelihood of absconding of the applicant or tampering with the evidence. It is purely a civil dispute with regard to recovery of

money. There is nothing to suggest the fact that at the time of taking money there was any misrepresentation or enticement which is the necessary

ingredient for the offence of cheating. Apart from it, the dispute is related to the amount taken in the year 2012 from the father of the complainant. It

is stated that applicant executed a document in the year 2019, while the same document is forged and its veracity is to be tested and no purpose will

be served by arresting the applicant. In these circumstances, prayer is made to enlarge the applicant on anticipatory bail.

On the other hand, learned Panel Lawyer as well as learned counsel for the objector opposed the application stating that as the aforesaid amount has

not been returned by the applicant and his arrest is necessary for the purpose of getting earlier record with regard to the aforesaid transaction, hence

the application may be rejected.

Having considered all the facts and circumstances of the case, without commenting anything on merits of the case, in view of this Court it is a fit case

for grant of anticipatory bail, hence the application is allowed. It is directed that in the event of arrest or surrender of applicant-Kailashchandra Goyal

before the arresting authority/Investigating Officer in relation to the aforementioned crime, within a period of 15 days from today, he shall be released

on bail on his furnishing a personal bond in the sum of Rs. 40,000/-(Rupees Forty Thousand only) with one solvent surety in the like amount to the

satisfaction of the arresting authority/investigating officer.

The applicant shall make himself available for interrogation by a Police Officer, as and when required, and will co-operate in the investigation. The

applicant will further abide by the other conditions enumerated in subsection (2) of Section 438 Cr.P.C.. Certified copy as per rules.