Wasim Rizvi vs State Of M.P

G.S.Ahluwalia, J

This First Application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.32/2021 registered at Police Station Kotwali Vidisha, District, Vidisha for offence punishable under Sections 406, 420, 409, 120-B, 467, 468 of the IPC.

It is submitted by the Counsel for the applicant that according to the prosecution case the applicant without depositing the food grains, had obtained loan from the Bank on the strength of forged deposit receipts issued by ware house. It is submitted that procedure for grant of loan is that when the deposit receipt is produced before the bank, then its officials carry out physical verification in the ware house to find out the quality as well as quantity of food grains and only after their satisfaction the loan is granted on the deposit receipt. In the present case, it is not the case of the prosecution that the bank had granted loan to the applicant without any due verification because as per the knowledge of the applicant no single officer of the bank has been implicated as accused. It is submitted that if the loan was granted after due verification of the stock, then in fact the applicant himself would be a sufferer because now his food grains are also missing from the ware house. It is also submitted that applicant is ready and willing to cooperate with the investigation and there is no possibility of his absconding or tampering with the prosecution case.

Per Contra, the application is opposed by the State Counsel. However, it is conceded by the counsel for the State that loan is granted on the basis of deposit receipt issued by ware house after due verification of the stock, but not a single officer of the bank has been arrayed as an accused.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 02.04.2021, he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- ( Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer ( Arresting Authority) on or before 02.04.2021, then this order in respect of the applicant shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

C.C. as per rules.