M.Cr.C No.17838/2014

07.01.2015

Shri Pradeep Naveriya, learned counsel for the applicant.

Shri Rajesh Kumar Kesharwani, learned Panel Lawyer for the non-applicant/State.

Shri V.K. Pandey, learned counsel for the Objector-Vimal Kumar Singh.

Heard arguments.

Perused case diary and material on record.

This is first application by the applicant under section 438 of the Cr.P.C, for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.137/2014 registered at Police Station Buxwaha, District Chhatarpur, against him for the offences punishable under Sections 420,467, 468, 471 of the IPC.

The background facts of the registration of the said crime number are that Objector-Vimal Kumar Singh had filed the criminal complaint against the applicant for his prosecution under section 420,467, 468, 471 of the IPC in the Court of Judicial Magistrate First Class, Bijawar, District Chhatarpur. The Court has sent the complaint for investigation under the provisions of Section 156(3) of the Cr.P.C to Police Station Buxwaha, District Chhatarpur vide order dated 20/06/2014. The police station registered the complaint at the aforesaid crime number. Allegations against the applicant are that he had taken advantage of various government schemes by forging documents such as mark sheets of his academic record and residential certificates, etc.

Learned counsel for the applicant submits that the Objector has not explained in his complaint as to how he is personally aggrieved by the alleged acts of the applicant. It is also submitted by him that the Objector is a convicted person. According to him, the Objector is convicted under section 13(2) read with section 13(1)(D) of the Prevention of Corruption Act vide judgment dated 08/08/2013 passed by the Special Judge under the Prevention of Corruption Act, Chhatarpur in Special Criminal Case No.3/2012. It is submitted by him that in this case the applicant had given evidence against the Objector as a prosecution witness. On account of this reason, the Objector has filed the complaint to harass him. Upon these submissions, prayer is made for grant of anticipatory bail to the applicant.

Learned counsel for the Objector has opposed the prayer of anticipatory bail on the ground that the applicant has criminal record and several times he had forged documents to get the benefits of the various government schemes.

Learned Panel Lawyer has adopted the aforesaid arguments.

On due consideration of the facts and circumstances of the case, the documents available on the record and the submissions advanced by the counsel for the parties, but without expressing any opinion on merits of the case, I am of the opinion that it is a fit case for grant of anticipatory bail to the applicant. Accordingly, this application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid crime number and the offences, applicant Raghav @ Muri be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the arresting police officer.

The applicant is directed to join the investigation immediately and fully cooperate with the investigation. He will further abide by the condition enumerated in sub-section 2 of Section 438 of the Cr.P.C.

Certified copy as per rules.

(Rajendra Mahajan)

Judge

tarun/