Harjeet Singh vs State Of MADHYA PRADESH

Learned counsel for the rival parties are heard.

This is first application under Section 438 of the Code of Criminal Procedure.

The applicant apprehends his arrest in connection with Crime No.105/2019 registered at Police Station- Sirol, District- Gwalior for the offences punishable under Sections 420 and 406 of the IPC.

Allegations against the applicant, in short, are that the applicant has taken Rs.5,00,000/- from the complainant for selling the plot to him but the said plot was sold to another person by the applicant. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case and he is not concerned with the case directly or indirectly. It is also submitted by the learned counsel for the applicant that agreement was executed between the applicant and complainant in the year 2014 whereas FIR was lodged in the year 2019 after the lapse of five years. The dispute is purely of civil in nature. The applicant is aged about 38 years who has no criminal past. The applicant is the permanent resident of Gwalior and there is no likelihood of his absconsion if he is granted the benefit of anticipatory bail. With the aforesaid submissions, prayer for anticipatory bail is made.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

It is hereby directed that in the event of arrest of applicant, he shall be released on bail on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- to the satisfaction of Arresting Authority.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

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

The applicant 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;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.