Madhya Pradesh High Court
Hemant vs The State Of M. P. on 7 April, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:9327
1 MCRC-10669-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 7 th OF APRIL, 2025
MISC. CRIMINAL CASE No. 10669 of 2025
HEMANT S/O LATE SHRI MAHENDRA KUMAR BAGDI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Applicant by Mr. Akash Rathi - Advocate.
Respondent - State of Madhya Pradesh by Mr. Surendra Kumar Gupta
- Government Advocate appearing on behalf of Advocate General.
Complainant - objector by Ms. Shivani Kumawat - Advocate.
ORDER
This first bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has been filed
for grant of regular bail by applicant – Hemant S/o Late Shri Mahendra
Kumar Bagdi, who has been arrested on 12.01.2025 in connection with
Crime No.149 of 2023 dated 17.03.2023 registered at Police Station –
Industrial Area, Ratlam, District Ratlam (MP) for commission of offence
under Sections 420, 467, 468 and 120-B Indian Penal Code, 1860.
2. As per prosecution case, a complaint No.2886 dated 01.08.2022
received from the Office of Superintendent of Police, Ratlam, which was
inquired into and it was found that complainant Mahendra Parmar S/o
Fakirchand Ji Parmar was known to Hemant Bagdi S/o Late Shri Mahendra
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 07-04-2025
18:26:06
NEUTRAL CITATION NO. 2025:MPHC-IND:9327
2 MCRC-10669-2025
Kumar Bagdi and Shailesh S/o Bansilal Bhatia. They took some identity
documents in the name of getting him loan from Indian Overseas Bank. It
was found that loan has been obtained on the strength of those documents by
affixing photograph of Shailesh S/o Sansilal Bhatia at the place Mahendra
Parmar (complainant). After enquiry, when it was found that both of them
have committed cheating and forgery whereby a loan amount has been
obtained and misappropriated, therefore, an offence vide Crime No.149 of
2023 on 17.03.2023 has been registered at Police Station – Industrial Area,
Ratlam, District Ratlam (MP) for commission of offence under Sections 420,
467, 468 and 120-B Indian Penal Code, 1860.
3. Learned counsel for the applicant submits that the applicant has
falsely been implicated in the crime and he has not committed any offence.
The applicant is suffering incarceration since 12.01.2025. Investigation is
complete and charge sheet has already been filed. The case is based on
documentary evidence, therefore, there is no chance of tampering with the
evidence. No custodial interrogation is required. He will abide by all the
terms and conditions which may be imposed by this Court, if he granted
bail. There is no likelihood of his absconsion leaving his family, home and
profession and also there is no likelihood of tampering with evidence by
applicant. Conclusion of the trial will take considerable long time, therefore,
learned counsel prays for allowing the bail application and for grant of bail.
4. Learned counsel for the complainant – objector has vehemently
opposed the prayer. It is submitted that complainant Mahendra Parmar has
been cheated on the strength of his documents, which were given to Hemant
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 07-04-2025
18:26:06
NEUTRAL CITATION NO. 2025:MPHC-IND:9327
3 MCRC-10669-2025
Bagdi and Shailesh Bhatia; both known to him; and they have misused the
documents for obtaining loan in the name of the complainant and loan of
Rs.5,00,000/- (rupees five lakhs only) from Indian Overseas Bank and
photograph of Shailesh Bhatia has been affixed holding him out as the
complainant. Learned counsel for the objector further submits that there are
four more criminal antecedents [Crime No.180 of 2021 under Section 34 of
Madhya Pradesh Excise Act, 1915 registered at Police Station Sailana,
District Ratlam (MP); Crime No.141 of 2020 under Sections 201, 406, 409,
471, 420, 467, 468 and 120-B of Indian Penal Code, 1860 registered at
Police Station Station Road Ratlam, District Ratlam (MP); Crime No.456 of
2022 under Sections 294, 323 and 506 read with Section 34 of Indian Penal
Code, 1860 and also under Sections 3 (1) (r), 3 (1) (s) and 3 (2) (v-a) of
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
registered at Police Station Alot, District Ratlam (MP); and Crime No.148 of
2023 under Sections 420, 467, 468 and 120-B of Indian Penal Code, 1860
registered at Police Station Industrial Area Ratlam, District Ratlam (MP)].
She further submits that earlier by forging a compromise Hemant Bagdi
secured anticipatory bail and when the fraud came in light, bail order was
recalled and necessary proceedings have been drawn against Hemant Bagdi
and other persons, who were involved in obtaining that anticipatory bail
order, therefore, she further submits that the applicant is a hardened criminal
having same modus operandi in cheating other persons also. Therefore,
learned counsel prays for dismissal of the bail application.
5. Learned counsel appearing for the respondent – State has also
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 07-04-2025
18:26:06
NEUTRAL CITATION NO. 2025:MPHC-IND:9327
4 MCRC-10669-2025
opposed the prayer on the similar lines; and prays for dismissal of the
application.
6. Heard rival submissions of learned counsel for the parties and
perused case diary.
7. In the aforesaid factual backdrop, looking to the allegations levelled
against the applicant and the evidence collected in support thereof along with
criminal antecedents, this Court is not inclined to grant benefit of bail to the
applicant.
8. Accordingly, the application is dismissed.
Pending interlocutory application, if any, also stands disposed off.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 07-04-2025
18:26:06
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