Samarjeet Singh Kaurav vs State of M.P.

M.K. Mudgal, J.—Case diary is available for perusal.

The applicant has filed this first application u/s 438 of Cr. P.C. for grant of anticipatory bail apprehending his arrest in connection with Crime No. 389 of 2014 registered by PS Gola Ka Mandir for the offence punishable u/s 420 of IPC.

Learned counsel for the applicant submits that the applicant is an advocate and has been falsely implicated in this case. He was engaged as an educational counselor and got the students admitted in the D. Ed. College of Prachi Education College which is part of Parmar Group of Colleges without taking any fees from them. However, a false report has been got lodged by the staff of the said college through some boys against the applicant implicating him in this case whereas he has not received any money from any student. Learned counsel further contends that the complainant-Karan Singh received Rs. 8 lacs from the applicant/accused and in this regard a report was lodged by him at Police Station Jhansi where the case has been registered against the complainant. On the aforesaid grounds, learned counsel has prayed for grant of anticipatory bail.

Learned PP opposing the submissions made on behalf of the applicant-accused has prayed for dismissal of the bail application.

As per prosecution case, on 20.7.2014 complainant Karan Singh submitted a written report at PS Gola Ka Mandir against the applicant to the effect that the applicant has extracted a sum of Rs. 30,000-40,000/- from him and other 27 students whose names have been mentioned in enclosed list on the pretext of getting them admission for D. Ed course and gave forged receipt of Prachi Shiksha Mahavidyalaya situated at Baraua Kheria Modi, Badagaon but at the time of examination, when admission cards were not issued to the complainant and others students, they come to know that they have been cheated by the complainant.

On perusal of the case diary and order dated 25.7.14 passed by the court of Fourth Additional Session Judge, Gwalior prima facie there is substance in the allegations made against the applicant, owing to which, interrogation of applicant/accused is necessary in this case. The applicant has cheated some students extracting some money on the pretext of getting them admission in the D. Ed. College after issuing forged receipt. However, they were not admitted in the college. Further, the applicant/accused being an advocate lodged a report against the complainant and one another cleverly at Jhansi to create pressure on the complainant after this report was lodged. The applicant/accused belongs to Jhansi owing to which he made complaint there whereas he works for counseling at Gwalior. In this manner, considering the seriousness of the offence and the view taken by Division Bench of this court in the case of Rakesh Gurjar Vs. The State Of Madhya Pradesh, this court does not deem it fit to grant anticipatory bail to the applicant/accused. Therefore, the application is hereby dismissed.