Mukesh Agarwal v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE JUSTICE G. SRI DEVI CRIM INAL PETITION NO:3951 oF 2021 Between:

Mqleqn Aganval, S/o. R.L. Aganrual, Age,40 yrs, Occ. Business, Rl/o. H. No. 10-33/28, East Maredpally Behind Shenoy Nursing Home, Ir,4aredpaily, Hyderabad. ...PETITIONER/ACCUSED AND The State of Telangana, rep. By its Public Prosecutor, High Court of Telangana, Hyderabad.

...RESPONDENT/COMPLAINANT Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner/Accused in the event of his arrest in connection with F.l.R.No.357 of 2021 on the file of the Station House Officer, Ra macha nd ra pura m P.S., Cyberabad.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D. Y. L. N. Charyulu, Advocate for the Petitioner and the Assistant Public Prosecutor (TG) on behalf of the Sole Respondent.

The Court made the following: ORDER

THE HONOURABLE JUSTICE G' SRI DEVI CRIMINAL PETI TION No.3951 of 2021 ORDER:

This Criminal Petition' under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused seeking tograntanticipatorybailintheeventofhisarrestinconnectionwith Crime No.357 of 2021 on the file of Ramachandrapuram Police Station, Cyberabad District, registered for the offences punishable under Sections 467, 468, 471, 420 lPC.

2. Heard the learned counsel appearing for the petitioner/accused, Iearned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

3. The prosecution case is that the de-facto complainant has purchased certain plots in the year 2007 with his own funds through registered documents, however, he noticed that some people have wrongfully executed/registered a GPA on 14.04.2021 regarding his plot No.'l 31 by impersonating him and using a fake aadhar card numbers as lD proof, thereby cheated him.

4.

Learned counsel for the petitioner/accused submits that the de-facto complaint having disclosed the number of document as GPN1717512021, has not disclosed the name of accused and that he filed a false complaint by using the said document. He also submits that the petitioner is a law abiding citizen and he is ready to abide by any condition that may be imposed by this Court in the event of his enlargement on anticipatory bail. 5.

Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner.

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6.

As seen from the contents of the FIR, the petitioner is main accused as he hatched a plan to get the documents forged and to get the sale deed registered by creating a fictitious person as vendor of the property and that the other accused have acted as per the directions of petitioner. The petitioner has spent amount to get the documents forged and thereafter, received part of sale consideration from the purchasers by showing a fictitious person and showing the forged and fabricated documents. Though the petitioner has filed certain medical reports regarding his illness, they cannot be taken into consideration at this stage.

T hus, looking into the nature of allegations leveled against the petitioner and his involvement in commission of the crime, I am not inclined to grant anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail is rejected. However, the petitioner/accused is directed to surrender before the Court concerned within 15 days from today and on such surrender and on filing an application for regular bail, the Court concerned shall consider the same in accordance with law. 7.

With the above direction, the Criminal Petition is dismissed. 8.

[Vliscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

SD/- K. SAILESHI ASSISTANT REGISTRAR ITRUE COPY// \\.r'

To, SECTION OFFICER The Special Judjcial Magistrate of First Class Prohibition and Excise Offences at Sangareddy.

The Station House Officer, Ramachandrapuram P.S., Cyberabad One CC to Sri D. Y. L. N. Charyulu, Advocate [OPUC] Two CC' to Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies One Spare Copy sbr \v

) HIGH COURT DATED: 1510612021 IA 14:

d z I JUNzoll

ORDER

+ * CRLP.No.3951 of 2021 DISMISSING THE CRIMINAL PETITION *(*')/"