Amar Singh Kushwah & Another vs State Of M.P

S.A. Dharmadhikari, J

Learned counsel for the rival parties are heard.

The applicants have filed this first application under Section 438, Cr.P.C. for grant of anticipatory bail.

Applicants apprehend arrest in connection with Crime No. 428/2021 registered at Police Station Karera, District Shivpuri for the offences punishable under sections 420 and 406 of IPC.

Allegations against the applicant and other co-accused persons, in short, are that on 14/06/2018 an agreement was executed between the present applicants and co-accused Shyamlal on one side and the complainant on the other in respect of land bearing survey No. 1757/2 admeasuring area 0.480 hectare and survey No. 1530/1 admeasuring area 0.177 hectare situated at Karera, Dist. Shivpuri for a consideration of an amount of Rs. 51 Lakhs. But during the period of agreement, the applicants and co-accused Shyam Lal sold the said land to one Mangal Singh Yadav and others and did not execute the agreement. They had also taken Rs. 17 lacs 70 thousand from the complainant in respect of aforesaid land as token money. On the aforesaid basis, crime has been registered.

Learned counsel for the applicants submits that applicants have been falsely implicated in the present case. Earlier, complaint was lodged by husband of the complainant in respect of the aforesaid land and after carrying out detailed investigation by the police, it was found that the dispute was of purely civil in nature and, therefore, closure report was filed. The present FIR has been filed by wife of the original complainant on 13/08/2021 on the same facts and identical issue, which could not have been done. Similarly situated co-accused Shyam Lal Kushwah has been given the benefit of anticipatory bail vide order dated 4/10/2021 passed in M.Cr.C. No. 47985/2021 and the applicants deserve parity in treatment. It is further submitted that in view of COVID 19 outbreak, detention of the applicants in already congested prison may be detrimental. The applicants are permanent residents of District Shivpuri and there is no likelihood of their absconsion or tampering with the prosecution evidence. They are ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

Learned counsel for the State opposed the application by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

Having heard learned counsel for the parties, without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicants. The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicants namely Amar Singh Kushwah and Maniram, each one of them shall be released on bail on his furnishing a personal bond of Rs. 1,00,000-/-(Rupees One Lakh only) with two local solvent sureties in the like amount to the satisfaction of Arresting Authority/Investigating Officer. The applicants shall also furnish written undertaking that they will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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

They will cooperate in the investigation/trial, as the case may be;

They will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

They will not seek unnecessary adjournments during the trial;

They will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

If any of the applicants commits any offence after being released on anticipatory bail, then this bail order shall automatically stand cancelled in respect of that applicant without further reference to this Court.

Certified copy/e-copy as per rules/directions.