Neha Sharma vs State Of M.P.

This is first application under Section 438, Cr.P.C. Applicant is apprehending his arrest in connection with Crime No. 06/2020 registered at Police-

Station-Depalpur, District-Indore, for the offence punishable under Sections 420, 467, 468 and 471 of I.P.C.

According to the prosecution story, co-accused Sanjay Dwivedi in order to get agricultural land of complainant Maheshpuri conspired alongwith the

present applicant manage to got register sale deed without paying consideration amount and later on he got loan of Rs. 5 crores from the Andhra-bank

on the said land. It is also alleged that applicant issued a cheque of Rs.5,00,000/- in favour of the complainant regarding expenses of diversion of the

land, which was got dishonored.

Learned counsel for the applicant has submitted that applicant has not played any role in the alleged offence. The applicant neither the director of the

M/s Artmis Green Land Infraway Pvt. Ltd in its favour the sale deed was executed by the complainant nor she is the party in the sale deed or

agreement to sale. It is also submitted that She has not received any consideration amount from the complainant nor executed any document in his

favour. The applicant was married to co-accused Sanjay Dwivedi but on 24.06.2017 a decree of divorce was passed and now she has no connection

with the co-accused Sanjay Dwivedi. therefore, no criminal conspiracy is visible from the Police Complaint. The complainant has already made

complainant under Section 138 of N.I. Act against the applicant regarding dishonore of cheque, which is pending before the Judicial Magistrate First

Class, Depalpur. Except the aforesaid cheque which alleged to have been issued by the applicant there is no allegation against the applicant to connect

her with the present crime. The applicant is ready to co-operate with the investigation and there is no possibility of his absconsion or tampering with

the evidence. Under these circumstance, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.

On the other hand, learned public prosecutor for the respondent opposed the bail application by contending that applicant is absconding and

proclamation under Section 82 of Cr.P.C.has already been published against the applicant. In these circumstance, no case is made out for grant of

anticipatory bail to the applicant.

Having heard learned counsel for the parties and perused the case-diary.

From the perusal of record, it appears that the applicant is absconding after registration of the offence and a proclamation has been issued by the

Judicial Magistrate First Class, Depalpur against the applicant under Section 82 of Cr.P.C and arrest warrant has also been issued against the

applicant by the court concern, therefore, in the light of the judgment pronounced by the Hon'ble Apex Court in the case of State of M.P. Vs. Pradeep

Sharma, 2014(2) SCC 171, the applicant is not entitled for grant of anticipatory bail.

Accordingly, this petition under Section 438 of Cr.P.C. is dismissed.