Madhya Pradesh High Court
Kapil Goyal vs The State Of Madhya Pradesh on 6 March, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:5869
1 MCRC-8095-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 6 th OF MARCH, 2025
MISC. CRIMINAL CASE No. 8095 of 2025
KAPIL GOYAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Nandini Bansal, Advocate for the applicant.
Shri Amit Raval, Govt. Advocate for the respondent/State.
I.O./Sub-Inspector Bihari Sawle of PS Khudel is present in person.
ORDER
This first application has been filed by the applicants under Section 482
of Bharitya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to
the applicant, who is apprehending his arrest in connection with Crime
No.46/2025 registered at Police Station-Khudel, District Indore(M.P.) for
offence punishable under Section(s) 467, 468 and 511 of IPC.
As per the case of prosecution, Dilip Gurjar submitted a written complaint
to SHO PS Khudel alleging that he is the owner of his land comprised in
Survey Nos.336, 337 and 344 of village Badiyakima. Some person is trying to
sell his land on the basis of his forged Adhar Card. This complaint was
enquired into. It was revealed that Kapil Goyal(applicant) has executed a
forged agreement to sale on the basis of forged Adhar Card of Dilip Gurjar
and attempted to transfer the said land to Abhishek Rathore and other
persons. Accordingly, PS Khudel registered FIR at Crime No.46/2025
for offence punishable under Section(s) 467, 468 and 511 of IPC against
applicant Kapil Goyal. During investigation, statement of Dilip Gurjar and
Abhishek Rathore were recorded. Dilip Gurjar declined to know Kapil Goyal.
He denied execution of any agreement to sale in favour of Kapil Goyal.
NEUTRAL CITATION NO. 2025:MPHC-IND:5869
2 MCRC-8095-2025
Abhishek Rathore informed that Kapil Goyal approached him for sale of land
on the basis of an agreement to sale executed by Dilip Gurjar. The
investigation is underway. The applicant is apprehending arrest in the matter.
Learned counsel for the applicant in additions to the grounds mentioned in
the application, submits that the applicant is falsely implicated in this matter
over political rivalry. No offence, as alleged, is committed by the applicant.
Dilip Gurjar had executed agreement to sale which he later denied to
implicate the applicant. The applicant is not at all involved in the alleged
offence. He is a respectable citizen. He is ready to co-operate in the
investigation. Therefore, applicant may be extended the benefit of
anticipatory bail.
Per Contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel contends that applicant
Kapil Goyal in his initial statement during enquiry has informed that Dilip
Gurjar has executed agreement to sale in his favour in presence of his driver
Shubham Malvi a nd Rajendra Singh Gurjar, but both the witness could not
be traced. The investigation with regard to forgery of signature of
complainant Dilip Gurjar, witeness Shubham Malvi and Rajendra Singh
Gurjar on agreement to sale is underway. The applicant Kapil Goyal has also
attempted to fraud Jayesh Vyas on the basis of same agreement to sale and
three other FIRs at Crime No.354/2024, PS M.G. Road, Crime No.566/2024
PS M.G. Road and Crime No.46/2025 PS Khudel, District Indore have been
registered against the applicant Kapil Goyal. Considering his criminal record,
the applicant may not be extended benefit of anticipatory bail.
In reply, learned counsel for the applicant relying on the judgment of
Apex Court in the case of Prabhakar Tiwari vs. State of U.P.[AIR OnLine
2020 SC 96] contends that mere registration of other FIR is no ground to
deny applicant benefit of anticipatory bail.
Heard the arguments, perused the grounds for grant of anticipatory bail
stated in the application, case diary and the relevant material on record.
NEUTRAL CITATION NO. 2025:MPHC-IND:5869
3 MCRC-8095-2025
As per the case diary and material on record, there is specific and direct
allegation of forgery of Adhar Card and agreement to sale against applicant -
Kapil Goyal. The investigation is at preliminary stage. The applicant has not
been available to Police for investigation. The custodial interrogation of the
applicant is needed in the matter for the purpose of verification of signatures
on agreement to sale as well as to investigate the alleged forgery of Adhar
Card.
Considering the criminal antecedents, need of investigation and the gravity
of allegations, this Court is of the considered opinion that the applicant does
not deserve to be released on anticipatory bail.
Consequently, the application is dismissed.
(SANJEEV S KALGAONKAR)
JUDGE
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