Kalvendra Singh vs State Of Madhya Pradesh

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Dabra, District Gwalior, in connection with Crime No.124/2019 registered in relation to the offence punishable under section 420 read with 34 of the IPC.

Prosecution story, in short, is that the applicant along with co-accused had committed fraud and cheating in respect of public utility land (road) by preparing forged sale deed.

Learned counsel for the applicant submits that the applicant has been falsely implicated. The charge sheet has since been filed and further custodial interrogation of the applicant may not be required. The offence is triable by JMFC. The present applicant is a purchaser. It is further submitted that the sale deed does not contain description of the public road, as such, he could not have been roped in the offence. The applicant is a bonafide purchaser and has filed a civil suit for declaration, in which, the trial court has granted injunction under Order 39 Rule 1 & 2 of CPC, therefore, no offence under section 420 of IPC is made out. The applicant is in custody since 29/08/2019 and early conclusion of the trial is bleak possibility and prolonged pretrial detention is an anathema to the concept of liberty. On these grounds, applicant prays for grant of bail.

On the other hand, 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. It is further contended that three criminal cases have been registered against the applicant forming criminal antecedents.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh only) with two local solvent sureties in the like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the 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.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.