Rahul Jain vs State Of Madhya Pradesh

Heard on this first application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on behalf of applicant, who is apprehending his arrest in connection with Crime No.147/2018 registered at Police Station: Kotwali, Jabalpur, under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code.

The case of the prosecution is that, co-accused persons namely Pramod Patel and Bhagwandas Patel have taken a loan of Rs.6 lacs from Vistar Financial Services Private Limited by mortgaging the property document. When they stopped the payment of installment of loan, the complainant enquired about them and scrutinized the property documents which was submitted by them. On enquiring, it was found that the co-accused persons had taken the said loan by forging and fabricating the property documents mortgaged with the Company. It is alleged that the applicant, who was the Branch Manager of Vistar Financial Services Private Limited, Jabalpur has sanctioned the loan to the co-accused persons. On that basis, above mentioned crime has been registered against the applicant and co-accused persons.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the crime. It is also submitted that the applicant being Branch Manager has sanctioned the loan to the co-accused persons on the basis of search report submitted by the Advocate Sudhir Kumar Saraf. He has neither indulged nor have any intention to sanction the loan amount on the basis of forged documents. He has been made accused without any evidence against him. It is also submitted that the applicant is a permanent resident of the address described in the application. He is ready to furnish adequate surety and shall abide by all terms and conditions imposed upon him. There is no chance of his absconding or tampering with the evidence. In view of the aforesaid, a prayer has been made to enlarge the applicant on anticipatory bail.

Learned Deputy Government Advocate for the respondent/ State on the other hand has opposed the anticipatory bail application.

On perusal of the case diary, it seems that co-accused Bhagwandas Patel, who has taken the loan has already been enlarged on bail by this Court in M.Cr.C. No.21749/2019 as he deposited the whole amount and procured 'No Dues Certificate' issued by Vistar Financial Service Pvt. Ltd. It is also seems that the applicant prima-facie does not found involved in the crime. He is also a young youth and is also having no criminal antecedents.

Keeping in view the facts and circumstances of the case in their entirety, particularly the fact as pointed out by the learned counsel for the applicant and the allegation made against the applicant, in the opinion of this Court, applicant deserves the benefit of anticipatory bail.

Consequently, this first application for anticipatory bail under section 438 of the Code of Criminal Procedure, filed on behalf of applicant, is allowed.

It is directed that in the event of his arrest, he shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.30,000/- and a solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.