JUDGEMENT
Rajeev Kumar Dubey,J. -
(1.)Heard through Video Conferencing.
Shri S.K. Malviya, learned counsel for the Objector. Heard with the aid of a case diary.
(2.)This is the first application filed under Section 439 Cr.P.C. Applicant Surendra Pyasi was arrested on 17.08.2020 in connection with Crime No.335/2020 registered at Police Station Garhakota, District Sagar for the offence punishable under Sections 420, 406, 409, 467, 468, 34 of IPC.
(3.)As per the prosecution case, complainant Devendra Guru lodged a report at police station Garhakota averring that he has a bank account (no.325502010008581) in Union Bank of India Branch Garhakota. In the year 2018, complainant Devendra Guru went to the bank for withdrawal of money, where he came upon applicant Surendra Pyasi. He told applicant Surendra Pyaasi that he needed money and so he wanted to get a loan by mortgaging his land. On that, applicant Surendra Pyaasi told him that he knew the co- accused Bank Manager Shivprasad and that he would get the loan sanctioned to him and applicant Surendra Pyaasi introduced complainant to the co-accused. The co-accused told him that his loan would be approved. Applicant Surendra Pyaasi took the documents of his land and also made him sign some blank papers. Thereafter, he never got any information from the bank as to whether the loan was sanctioned to him or not. On 08/02/2020, he received a notice of recovery of money from the court. When he went to the bank, he came to know that a loan of Rs.8.25 Lakh was sanctioned to him by the bank and was deposited into his account, and later that money was transferred in the account of applicant Surendra Pyasi and other persons. He again met with the co-accused Shivprasad who told him that he would get the loan amount deposited from applicant Surendra Pyasi. He also met with applicant Surendra Pyasi and told him to pay that loan amount but applicant Surendra Pyasi neither returned that amount to him nor deposited it in the bank account. Thus, applicant Surendra Pyasi in connivance with co-accused Shiv Prasad and other persons committed fraud with him.
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