Judgment:
M.Cr.C.No.1040/2013 12.3.2013 Shri Arvind Chouksey, Advocate for the applicant.
Shri R.S.Siddiqui, ASG for the respondent.
This is the fiRs.bail application filed by the applicant under Section 438 of the Cr.P.C.for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.32/2012 registered by C.B.I.Bhopal for the offence punishable under Sections 420, 464, 468, 471 of the IPC read with Section 13(1) of the Prevention of Corruption Act.
As per prosecution, it is alleged against the applicant that he was involved in the conspiracy to obtain loan on the basis of forged documents.
Learned counsel for the applicant has submitted that applicant is falsely implicated in this case.
The applicant is the owner of firm M/s Tanushree Homes.
He has constructed number of houses but due to some boundary dispute on the spot, further construction could not be made.
During the investigation, all documents in regard to the aforesaid loan, have been seized by the respondent.
Investigation has been completed and charge sheet has been filed.
Nothing is required to be seized from the possession of the applicant.
The applicant is ready to co-operate in the investigation and trial.
The applicant is a reputed citizen of the locality, in the event of arrest, his reputation will be tarnished, therefore, he be enlarged on anticipatory bail.
Learned counsel for the respondent has opposed the application.
I have perused the case diary.
The CBI has already seized the required documents from the office of the applicant, nothing is required to be seized from the possession of the applicant, investigation has been completed, charge sheet has been filed and the applicant has also constructed number of houses.
On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to enlarge the applicant on anticipatory bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rs.Thirty Thousand only) with one surety in the like amount to the satisfaction of the arresting Officer.
The applicant is directed to join the investigation and fully co-operate with the investigating agency.
It is further directed that the applicant shall abide by the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.This order shall remain in force for a period of 60 days.
In the meantime, if the applicant so desires, may apply for regular bail before the competent Court, which shall be considered by that Court in accordance with law.
Certified copy as per rules.
(G.S.Solanki) Judge PB