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SUBODH ABHYANKAR
Nilesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.07/2023 registered at Police Station Economic Offences Bureau/ Wing Indore (M.P.) for offence punishable under Section 420, 409, 120-B the Indian Penal Code, 1860.
2. The allegations against the applicant is of defalcation of Rs.1 Crores 90 Lacs.
3. Applicant-Nilesh Khandelwal submits that he has been falsely implicated in the case and it was merely a banking transaction regarding which the bank has already filed an application O.A.No. 802/2020 before Debts Recovery Tribunal, Jabalpur and no allegations or defalcation have been made in this application. He has also submitted that he has not been able to repay the loan received from the Bank but for that an offence under Sections 420, 409 of IPC cannot be said to be made out.
4. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for anticipatory bail is made out, and his custodial interrogation is necessary. However, on an query made by this Court counsel for the resp
The court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
The court established that anticipatory bail can be granted even in cases involving serious allegations if the circumstances do not warrant custodial interrogation and the accused demonstrate a willi....
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The main legal point established in the judgment is the court's discretion in granting anticipatory bail based on the overall facts and circumstances of the case and the likelihood of the applicant's....
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail under Section 438 of the Criminal Procedure Code, 1973, based on the circumstances of the case an....
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