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Judgment
This is the first application under section 438 Cr.P.C seeking anticipatory bail in connection with Crime No.334/2017 registered at Police Station -
M.G. Road, Indore for the offence punishable under sections 463, 467, 468, 420 & 120-B of IPC.
It is contended by the learned counsel for the petitioner that the petitioner was neither Office Bearer of the Society nor had any relation with it. He
never granted/taken plot from the Society. The only allegation against him is that he got inserted his name in the list of members so that he may get a
plot in future from the Society. Earlier co-accused Arun had filed FIR No.2/17 under Sections 420, 467, 468 & 471 of IPC against Office Bearer of
the Jaylaxmi Housing Cooperative Society, who as a counter blast has filed a private complaint and application under Section 156(3) of Cr.P.C., which
was allowed and in compliance, this FIR is registered against him on 05/10/2017. He is 64 years old. Investigation is almost over. Nothing is to recover
from his possession. The case of the prosecution is based on documentary evidence. There is no possibility of tampering with the documents as all
documents have already been seized. Therefore, the application be allowed.
The Prosecution has opposed the bail application alleging that one co-accused Arun Kothari, had submitted a list of members of the society claiming
that the office bearer of society are not allotting them plot, therefore, the Registrar should intervene and direct them to allot plot to the members
named in the list. In this list, he inserted three fake names, who were not members of the society including the name of the present petitioner. Since
last one and half years the petitioner is absconding.
In reply, it is submitted that the petitioner has never applied for membership or for plot. He has no concerned with the list submitted by Arun
Kothari. He never taken any advantage from the society or never got allotted any plot from the society.
Learned Counsel for the petitioner submits that co-accused persons, namely, Arun, Anil Garg and Anil Vallabhdas have been granted bail vide
orders dated 03.10.2018, 07.01.2020 and 11.02.2020 passed in M.Cr.C. Nos.32378/2018, 54930/2019 and 1298/2020 respectively and the present
petitioner is having complete parity with them.
Learned Public Prosecutor has opposed the application but has not controverted the parity as claimed by the petitioner.
Considering the evidence regarding interpolation, allegation against the petitioner, his contentions so also on the ground of parity and other facts and
circumstances of the case, I deem it proper to allow application. Therefore, without commenting on merits of the case, the application is allowed.
It is directed that in the event of arrest of the petitioner Pradeep S/o Vallabhdas Kothari or his surrender before the Investigating Officer or before
the concerned Judicial Magistrate within 30 days from today in connection with the aforesaid crime number, he shall be released on bail upon his
furnishing personal bond in the sum of Rs.40,000/- with one surety in the like amount to the satisfaction of the arresting officer. This order shall be
governed by the conditions No.1 to 3 of sub section (2) of section 438 Cr.P.C.