ORDER

This is first application filed by the applicant under Section 438 r.w.

Sections 330, 328 and 329 of the Cr.P.C. for grant of anticipatory bail relating to Crime No.295/2020 registered at Police Station - Kotwali, District - Gwalior (M.P.) for the offence under Sections 420, 467 and 468 of the IPC.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. FIR was lodged after a delay of four years by the complainant, who is claiming himself to be the power of attorney holder of Baldev Sodhi, brother of the applicant, however, present applicant is the power of attorney holder of Baldev, therefore, question of preparation of the forge Will in his favour does not arise. Present case is of civil nature and has been given the colour of criminal case. Further argument is that applicant applicant is an old person aged about 71 years and is mentally ill suffering from Schizophrenia and requires treatment under the custody of his family members and, therefore, also he is entitled for anticipatory bail under the provisions of Section 330 of Cr.P.C. Hence, prayed for grant of anticipatory bail to the applicant.

On the other hand, learned counsel for the State, learned counsel for the complainant and learned counsel for the intervenor vehemently opposed the bail application and argued that Baldev Sodhi, who is the brother of the applicant, is still alive and present applicant by preparing the forge and fabricated Will/documents showing that Baldev Sodhi died executed agreement to sale and sale deeds in favour of the different persons. Since there are specific allegations against the applicant as well as evidence is available in the case diary, no case for grant of anticipatory bail is made out. Hence, prayed to reject the anticipatory bail application of the applicant.

Heard learned counsel for the rival parties and perused the case diary.

Learned counsel for the applicant has taken the defence that applicant being mentally ill since long time is entitled to be released on bail under the provisions of Section 330 of Cr.P.C. which provides release of person of unsound mind pending investigation or trial. However, in this case, there is no report of concerned Magistrate under Section 328 of Cr.P.C. holding that applicant - accused is of unsound mind and incapable of making his defence, therefore, there is no ground to release the applicant on bail on the ground that he is suffering from Schizophrenia.

It would not be desirable to enter into merits of the rival contentions at this juncture. It is well settled that the considerations governing grant of anticipatory bail are altogether different from those relevant for the prayer for regular bail.

Taking into consideration the facts and circumstances of the case, looking to the nature of allegation levelled against the applicant, no case for grant of anticipatory bail is made out.

Consequently, the present bail application is hereby dismissed.

(SUNITA YADAV) JUDGE AKS