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2023 DIGILAW 73 (MP)

Yogesh Singhal v. State of Madhya Pradesh

2023-01-13

DEEPAK KUMAR AGARWAL

body2023
JUDGMENT Deepak Kumar Agarwal, J. - This is first application under section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail. 2. The applicant apprehending his arrest in connection with Crime No.22/2020 registered at Police Station Bahodapur District Gwalior (MP) for the offence punishable under Sections 420 of IPC. 3. The allegation against present applicant is that a financial transactions took place between the applicant and complainant to the tune of Rs.37 lacs but present applicant did not repay the said amount. Offence was registered. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. It is also submitted that the incident said to have taken place between December, 2015 to June-2017 and FIR was lodged after three years of the incident. He is ready to cooperate in the investigation. There is no likelihood of her absconding or tempering with the prosecution case. He is ready and willing to abide by all the conditions which may be imposed by this Court while granting anticipatory bail. Hence, it is prayed that applicant may be enlarged on anticipatory bail. 5. On the other hand, learned Public Prosecutor vehemently opposed present anticipatory bail application and prayed for its rejection. 6. Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the record. 7. Looking to the aforesaid facts and circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Arresting Authority. 8. Applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. 9. With the aforesaid directions, the present application stands allowed and disposed of. Certified copy/e-copy as per rules.