The main legal point established is that the custodial interrogation for anticipatory bail may not be necessary if the allegations are related to a banking transaction and if the co-accused has already been granted anticipatory bail.

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 respondent/State could not point out the documents which may suggest that the applicant has committed any forgery or fraud with the bank.

5. It is also submitted by the applicant that co-accused Pradeep Kumar Agrawal, who was his partner has already been extended the facility of anticipatory bail passed in MCRC.No.9724/2023 vide order dated 13.03.2023 and his custodial interrogation is not necessary who is cooperating with the investigation.

6. On due consideration of the rival submissions and perusal of the case diary and the documents filed on record, this Court finds force on the contention raised by the applicant and is of the opinion that under the facts and circumstances of the case the custodial interrogation of the applicant is not necessary in the present case. In view of the same, applicant has made out a case for grant of anticipatory bail.

7. Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

8. The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

9. Certified copy as per rules.