Nishant vs The State Of Madhya Pradesh
2021 Latest Caselaw 7881 MP

     HIGH COURT OF MADHYA PRADESH
1                                                    MCRC No.50081/2021

                   MCRC No.50081/2021
                   (Nishant Vs. State of M.P.)
Indore, Dated : 26.11.2021
      Shri Vivek Singh, learned counsel for the applicant.

      Ms. Seema Maheshwari, learned PL for the non-
applicant/State.
      Applicant has filed this first anticipatory bail application
under Section 438 of the Code of Criminal Procedure, 1973.
The applicant is apprehending his arrest in connection with
Crime No.79/2017 registered at P.S - Sendhwa, District
Barwani (M.P.) for commission of offence punishable under
Section 420, 467, 468, 471, 120-B of IPC.
      As per the prosecution story, the complainant Pathan
submitted a written complaint alleging that the accused Sunil
has taken his Rin Pustika of agricultural land for taking
permission of well on the land but he fraudulently took Kisan
Credit Loan of Rs.7,98,000/- from the ICICI Bank, Sendhwa by
impersonating himself as son of Deba Barela. After preliminary
enquiry, an FIR has been registered against Sunil and the
development officer of the Bank Ashutosh under Section 420,
467, 468 of IPC. During the trial, first ASJ, Sendhwa, on the
basis of Ex.D/3 (search report), took the cognizance against the
Bank Manager Kirtiraj Singh Tomar under Section 319 of
Cr.P.C. for the offence under Section 420, 467, 468, 471 and
120-B of IPC observing that the search report was forged and
fabricated and Bank Manager Kirtiraj Singh Tomar had
sanctioned the said loan. Sunil and Ashutosh have been
convicted vide judgement dated 23.9.2021 passed by the 1st
ASJ, Sendhwa under Section 120-B, 467, 468 & 471 of IPC
and sentenced to 10 years R.I. under Section 120-B, 467, 471
of IPC and 7 years R.I. under Section 468 of IPC and total fine
of Rs.16,000/- to each accused with default stipulation.
       HIGH COURT OF MADHYA PRADESH
2                                                    MCRC No.50081/2021

      Learned counsel for the applicant submits that the
applicant is innocent and he has been falsely implicated in this
matter. He further submits that there is no relevant evidence to
connect the present applicant with the aforementioned
offences, applicant is a practising advocate since last 21 years
before the Sendhwa Court and he is a reputed lawyer, he is not
connected with the alleged crime as he was directed by the
Bank to conduct a search regarding the secured property, the
document of the same has been provided to the applicant by
the said Bank and on the basis of the said documents he
conducted the search. He further submits that the present
applicant has only given the opinion to the ICICI Bank and the
offence was registered on 3.2.2017 against Sunil Barela and
Ashutosh, the name of the present applicant was not mentioned
in the statement of Ashutosh recorded under Section 27 of the
Evidence Act, the trial Court has illegally implicated the present
applicant as an accused under Section 319 of Cr.P.C., no
enquiry or trial has been pending before it. Applicant is
permanent resident of District Barwani and there is no chance
of his fleeing away from the court of justice. Final conclusion of
trial shall take sufficient long time. Hence, he prays that
applicant be released on anticipatory bail.
      In support of his submissions, learned counsel for the
applicant has also placed reliance upon the judgment in the
case of Rameshchandra Onkarlalji Sharma Vs. State of M.P.
[2008 Cri.L.J. 933], Biharilal and Another Vs. State [2002
SCC OnLine MP 832], Subha Jakkanwar Vs. State of
Chhattisgarh in Criminal Misc. Petition No.1614/2017 decided
on 26.11.2019 and Kavita Vs. State of M.P. in MCRC
No.29519/2021 decided on 5.8.2021 by the coordinate bench
of this Court.
      Per-contra, learned PL for respondent/State opposes the

bail application and prays for its rejection.

HIGH COURT OF MADHYA PRADESH

Perused the case diary as well as the impugned order passed by the court below.

After considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking note of the fact that learned 1st ASJ, Sendhwa has mentioned in Para-48 of the judgment dated 23.9.2021 that cognizance under Section 319 of Cr.P.C. has been taken against the accused Kirtiraj Singh and Nishant Trivedi, investigation against the present applicant is still continuing and co-accused Sunil and Ashutosh have been convicted in this matter and that the present applicant has given fitness certificate and search report regarding the said Kisan Credit Loan, this Court is not inclined to grant anticipatory bail to the present applicant.

Various citations have been filed by the present applicant but they are not applicable in the present case because the facts of the present case are different from the citations produced by the applicant.

The application is accordingly dismissed. C.C. as per rules.

(Anil Verma) Judge trilok/-

Digitally signed by TRILOK SINGH SAVNER Date: 2021.11.29 17:46:32 +05'30'