M.Cr.C. No.4449/2010
3.8.2010
Shri G. S. Ahluwalia, counsel for the applicant.
Smt. Sushila Paliwal, Government Advoate for the
respondent/State.
Shri Rajiv Mishra, counsel for the objector.
Heard the parties.
Case diary of Crime No.144 of 2010 registered at
Police Station Aishbagh, District Bhopal for offence
punishable under Sections 420, 120-B, 506 read with
Section 34 of I.P.C is perused.
Applicant has an apprehension of his arrest for
aforesaid crime.
Learned counsel for the applicant submits that the
applicant is a young youth of 20 years of age. He is a
student and he has no capability to get admission of
anyone in Medical College. He has no role in the crime
and he has no criminal past. The actual culprit was one
Vishwajit who is arrested somewhere near Ranchi and he
is the person who received the sum alleged by the
complainant. Therefore, he prays for bail of anticipatory
nature.
Learned Public Prosecutor opposes the application.
He submits that it is a grave case. The applicant
and co-accused took more than Rs.22 lacs from the
complainant by cheating. At present the applicant is
absconding and if anticipatory bail is granted to him he
will escape from the Court and hamper the investigation.
Learned counsel for the objector opposes the
application. He submits that the applicant was the main
accused and took money from the complainant. He is
still threatening the complainant on phone.
After considering the submissions of counsel for
the parties, looking to the facts and circumstances of the
case and gravity of the offence, I am of the view that it
is not a good case in which bail of anticipatory nature
can be given to the applicant.
Therefore, this application under Section 438 Cr.P.C
filed by the applicant Shashank Jain relating to the
aforesaid crime is hereby dismissed.
(N.K. Gupta)
Judge
bina
