High CourtsSingle Bench

Anita W/O Dinesh Khatri vs State Of MP

Madhya Pradesh High Court · Decided on 18 January 2022 · Citation: (2022) 01 MP CK 0098

HON’BLE JUDGES
Vijay Kumar Shukla, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 420, 447
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.2757 Of 2022
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Judgment

18 paragraphs · 307 words

Vijay Kumar Shukla, J

This is first application under Section 438 of the Cr.P.C. filed on behalf of the applicant who is apprehending his/her arrest in connection with Crime

No.348/2021 registered at Police Station Sadalpur, district Dhar (M.P.) under Sections 420 and 447 of the IPC.

It is alleged that applicant is office bearer of Gram Panchayat and allegation against the applicant is that being a office bearer, he/she has granted the

Patta in favour of one Sakir whereas land belongs to BSNL.

Counsel for the applicant submits that patta has been granted by Gram Panchayat and not by the present applicant. It is further submitted that there is

no allegation of any unlawful gain by the present applicant. It is further submitted that applicant will co-operate with the investigation and will make

available himself/herself whenever the investigating authority requires his/her presence.

Learned counsel for State opposes the bail application.

Taking into consideration the aforesaid submission and the fact that applicant is office bearer of Gram Panchayat and there is no likelihood of his/her

absconsion, further the applicant is ready to co-operate with the investigation, I am of the view that applicant is entitled for anticipatory bail. Therefore,

without expressing any view on the merits of the case, the application is allowed.

It is directed that in the event of arrest, applicant- Anita shall be released on bail on his/her furnishing a personal bond in a sum of Rs.1,00,000/-

(Rs.One Lac Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions

enumerated in sub-section (2) of Section 438 of Cr.P.C.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General on his email addresses, for intimation to the police

station concerned.

Certified copy as per rules.