HANSRAJ KASHYAP Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-2-24
HIGH COURT OF MADHYA PRADESH
Decided on February 23,2021

Hansraj Kashyap Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

Rohit Arya,J. - (1.) These applications are under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail. The applicants are before this Court apprehending their arrest in connection with Crime No.469/2019 registered at Police Station M.G. Road, District Indore (MP) for offence punishable under Section(s) 384 and 34 of the Indian Penal Code, 1860.
(2.) As per prosecution story, Hansraj Kashyap - the present applicant, Devendra Gautam (applicant in MCRC No.1119/2020) and Pankaj Gautam met with complainant M.S. Khan, Advocate in the District Court premises on 26.12.2019 and had taken him to Guru Kripa Canteen situated there. The complainant was alleged to have been forced to write on a piece of paper that he owed Rupees One Crore to the present applicants. Thereafter, he was made to sign on revenue stamp tickets pasted on that page and was also required to put his right hand thumb impression on it. Accordingly, case has been registered against present applicants.
(3.) Learned counsels for the applicants submits that applicants are innocent and have been falsely implicated. Falsity of allegations is writ large in as much as it is unbelievable that an advocate in the Court premises may be forced by civilians to go to Court Canteen and sign a paper against his wishes much less a document owing Rupees One Crore. That apart, the credibility of the complainant is for more than suspicious as in one of the public notices issued on 08.08.2012 in Hindi Daily News Paper, the complainant has used his name as M.S. Khan with mobile numbers 9826546239 and 9826036277 whereas he was enrolled with Bar Council of Madhya Pradesh with registration No.MP/1137/2017. Therefore, according to the counsel, the complainant was not an advocate on the date of issuance of the notice. Learned counsels also submit that neither the applicants know the complainant nor they do have any relationship much less business relationship. Hence, in absence of acquaintance, it is beyond imagination that the applicants ever visited the Court and asked the complainant to sign such document. Even otherwise, as a matter of fact there is no such document in existence.;


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