Ajay Pratap Singh Parmar vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first application filed by the applicant under Section 438 of the Cr.P.C./ 482 of BNSS for anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.210/2025 registered at Police Station Jigna District Datia for the offences punishable under Sections 318(4), 337, 338, 336(3), 340(2) of BNS.

According to the prosecution case, on 09.09.2025, the complainant Anshuman Bhatia lodged a written complaint alleging that his late father had purchased agricultural land bearing survey Nos.764, 791 and 794 admeasuring 1.73 hectares situated at village Udgawan, District Datia in the year 2010. It is alleged that on 22.03.2016, the said land was fraudulently sold to Devendra Sharma by someone impersonating the real owner (Deshraj Bhatia). Based on this impersonated and forged sale deed, Devendra Sharma's name was entered in the revenue records following the legal process. Later, Devendra Sharma sold the land to Rashmi Raja Bundela via a registered sale deed dated 20.11.2023. She relied upon the existing revenue records and sale deed while making the purchase. Her name was also duly mutated in the revenue records. Subsequently, Rashmi Raja Bundela sold a plot admeasuring 1200 sq.ft. from the said land to the present applicant, Ajay Pratap Singh through a registered sale deed dated 18.02.2025. The remaining land was sold to co-accused Satish Kumar Yadav and others. After the death of Deshraj Bhatia on 14.04.2021, the complainant and his mother visited the said land and, for the first time on 11.02.2025, encountered objections from the current owners regarding possession of the property. Upon discovering discrepancies, the complainant obtained copies of the sale deeds and filed a Civil Suit (RCS-A/118/2025) on 23.05.2025 before the Civil Judge Class-II, Datia. The trial court also granted interim relief under Order 39 Rule 1, 2 and 3 of CPC on the same day. Later, due to dissatisfaction with only civil proceedings, the complainant filed a criminal complaint, allegedly with an afterthought and legal consultation, which led to the registration of FIR No. 210/2025 at Police Station - Jigna, District Datia, M.P. , under sections 318(4), 336(3), 337, and 338 of BNS, 2023 .

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that present FIR was registered on the basis of complaint made by the complainant after filling of civil suit against the all accused persons. After 04 months present FIR was lodged with ulterior motive just to grab money from the present applicant and other co-accused. Thus it is clear that it is purely a case of civil nature. The applicant undertakes to cooperate with the ongoing investigation and trial, to appear before the Investigating Officer and the concerned Court as and when required, and further undertakes not to tamper with or influence any prosecution witness. It is further submitted that the arrest and detention of the applicant would serve no fruitful purpose and would instead cause him severe social stigma and irreparable harm.

Learned counsel for the State as well as counsel for the complainant has opposed the application for anticipatory bail and prayed for its rejection.

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

On due consideration of the overall facts and circumstances, without commenting upon the merits of the case, this Court deems it appropriate to extend the benefit of anticipatory bail.

Accordingly, the present anticipatory bail application is allowed. It is directed that in the event of arrest, the applicant shall be released on anticipatory bail upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Arresting Officer/Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

(i) The applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when directed;

(ii) The applicant shall not induce, threaten, or promise any person acquainted with the facts of the case so as to dissuade them from disclosing the facts to the Court or to the police;

(iii) The applicant shall not commit any offence during the period of bail;

(iv) The applicant shall not leave India without prior permission of the Court.

Copy of this order be sent to the trial Court/Police Station concerned for compliance.

Certified copy as per rules.