Research › Search › Judgment

Madhya Pradesh High Court · body

2023 DIGILAW 309 (MP)

Raj Kumar Yadav v. State of Madhya Pradesh

2023-02-27

DINESH KUMAR PALIWAL

body2023
JUDGMENT Dinesh Kumar Paliwal, J. - These three first bail applications under Section 439 of Cr.P.C have been filed on behalf of the applicants for grant of bail, pending the trial, as they have been arrested in connection with Crime No.736/2022, registered at P.S.-Kohefiza, District Bhopal (M.P.) for commission of offence under Sections 420, 467, 468, 471 and 120-B of IPC. Applicant Raj Kumar Yadav is in detention since 26.01.2023, applicant Bahar Miya is in detention since 12.01.203 and applicant Manoj Tomar is in detention since 03.11.2022. 2. As per the prosecution story, in Syndicate bank Branch after merger Canara Bank Bairisiya Road, one person Jamna Prasad had got sanctioned a loan of Rs.7,00,000/- in collusion with Bank Manager. After sanction of loan, Jamna Prasad took loan amount from him but no footwear were given to him for starting business. FIR was registered. In the course of investigation, Manoj Tomar, Pramod Verma, Bank Manager Devendra Sahu and Abid Khan were found involved in the commission of same type of offences. It was found that Shankar Saav, Madhu Ivent Proprietor Raj Kumar Yadav, Chandan Vimnere, Gabbar Singh, Ramcharan Makoriya, Lav Kumar and Bahar Miya etc.in collusion with Pramod Verma prepared forged and fake documents of Verma Traders and got sanctioned loan of various amount from the bank by preparing forged and fake cash bill memo etc. Thus, they committed forgery of rupees one crore and sixty lakhs and of some other amounts also. 3. Learned counsel for the applicants submit that applicants have not committed any offence. They are innocent. They have been falsely implicated. It is submitted that applicants have already paid full bank loan amount and NOC has been issued in their favour by the bank authorities. After investigation, charge sheet has been filed. Therefore, it has been prayed that the applicants be released on bail. 4. On the other hand, learned counsel for the State has opposed grant of bail to the applicants and has submitted that it is a case where payment of money by the customer of the bank to the bank is not material. The main allegations against the present applicants are about preparing forged and fake documents of Verma Traders and taking loan and subsidy on the basis of such forged documents. Therefore, he has prayed for dismissal of the bail application. 5. In this case, after investigation, charge sheet has been filed. The main allegations against the present applicants are about preparing forged and fake documents of Verma Traders and taking loan and subsidy on the basis of such forged documents. Therefore, he has prayed for dismissal of the bail application. 5. In this case, after investigation, charge sheet has been filed. The applicants have furnished NOC to Raj Kumar Yadav and Bahar Miya issued by the bank authorities declaring that they have paid full loan amount taken by them. As far the allegations of forging documents are concerned, trial of the c as e will take considerable time. Investigation is already over. Therefore, without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pretrial detention of the applicants/accused is not warranted. Consequently, these first bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed. 6. It is directed that applicants - Raj Kumar Yadav, Bahar Miya and Manoj Tomar be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective. 8. Certified copy as per rules.