IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 29 OF APRIL, 2024 MISC. CRIMINAL CASE No. 12170 of 2024 BETWEEN:-

GOWARDHAN JAT S/O RUPAJI JAT, AGED ABOUT 55 YEARS, OCCUPATION: AGRICULTURE R/O GRAM PANCHED TEHSIL RATLAM (MADHYA PRADESH)

.....APPLICANT (BY SHRI VEER KUMAR JAIN - SR. ADVOCATE WITH SHRI MS.

VAISHALI JAIN - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION NAMLI DISTT.

RATLAM (MADHYA PRADESH)

.....RESPONDENT (SHRI SAGAR MULEY - PP FOR STATE AND SHRI MOHD SHARIF -

ADVOCATE FOR OBJECTOR)

This application coming on for admission this day, the court passed the following:

ORDER

This is the first application of the applicant under Section 438 of Cr.P.C.

for grant of anticipatory bail in connection with Crime No. 88/2024 registered at Police Station: Namli, Distt. Ratlam for the offences under Sections 420, 467, 468, 471, 120-B of IPC.

2. As per prosecution case, on 07.03.2024, a written complaint was lodged by complainant Satyaranayan alleging that the land which was registered in the name of brother-in-law Jagdish Sharma and after his death his sister and his nephew namely Nilesh were residing with the complainant and on 28.06.2023 Signature Not Verified Signed by: VARGHESE when he went to Tehsil for Namantaran of the said land it came to his knowledge that the process of Namantaran of the said land was already been initiated by the co-accused persons and the present applicant on the basis of fake and false will on stamp.

3. As per the prosecution case, the forged will was created in the name of Jagdish Chandra Sharma in favour of one Ambika Prasad. It is alleged that the stamp paper was purchased by the applicant in the name of Jagdish Prasad and he conspired with other co-accused persons in creation of forged will in favour of Ambika Prasad.

4. Counsel for applicant has drawn the attention of this court to the photo copy of the will which is executed on the stamp paper. On the last page of the stamp, the name of the applicant is not mentioned. The name of the purchaser is mentioned Jagdish and the adhar card number of Jagdish is mentioned. At the bottom, it is mentioned that through Ambika Prasad. It is further argued that the entry in the register of stamp vendor is manipulated. He has drawn the attention of this court to the photo copy of the register of the stamp vendor filed at page 20. It is argued that with a different ink said entry was manipulated showing the name of present applicant and Ambika Prasad.

His signature has also been shown in the column No.8.

5. Considering the aforesaid submissions, this court directed the counsel for State to produce original of the register of stamp vendor. The original was produced and upon perusal of the register of stamp vendor, it is found that with different ink the relevant entry at Sl.No.158 was made subsequently showing the name of the present applicant and Ambika Prasad. Counsel for applicant produced copy of the Aadhar card of the present applicant and the Signature Not Verified Signed by: VARGHESE number of Aadhar card does not match with the number of Aadhar card mentioned either in the stamp paper or in the register of the stamp vendor. 6. Counsel for State and the Objector submits that the applicant has conspired with other co-accused persons in preparation of the forged will in favour of co-accused Ambika Prasad. Counsel for Objector has filed handwriting expert report of a private expert and submits that the signature of Jagdish in the stamp register has not matched with his signatures which proves prima facie that the stamp was purchased in the name of Jagdish and a forged will was prepared.

7. After hearing learned counsel for parties and considering the stamp paper, it is found that the name of the applicant is not mentioned and on the backside of the stamp paper the name of Jagdish has been mentioned through Ambika Prasad. The number of aadhar card mentioned does not match with the