Kamal Singh Vaishya vs State Of Madhya Pradesh

The applicant has filed this first bail application under Section 438 of Cr.P.C. for grant of anticipatory bail.

The applicant apprehend his arrest in connection with Crime No.835/2019 registered at Police Station Janakganj, District Gwalior in relation to the offence punishable under Sections 420, 467 and 468 of IPC.

Learned counsel for the applicant submits that the applicant has not committed any offence. He has been falsely implicated in this case. There is no specific allegation against the applicant. There are omnibus allegations against the applicant. It is also submitted on behalf of the applicant that initially complainant of this case had filed one Civil Suit against the present applicant; wherein, present applicant has filed written statement stating that he has not executed any agreement of the sale of land which is alleged to be Government land. Thereafter, for pressurizing the present applicant, the plaintiff/complainant has falsely lodged the present FIR against the applicant. It is, therefore, submitted that the dispute between the parties is purely civil in nature. The applicant is ready to abide by all the conditions as imposed by this Court and will cooperate in the investigation. There is no possibility of his absconding or tampering with the prosecution evidence. Hence, counsel for the applicant prays for grant of anticipatory bail to the applicant.

Learned Panel Lawyer for the State opposed the application and submitted that the offence is registered under Sections 420, 467 and 468 of IPC which are serious in nature and prayed not to grant anticipatory bail to the applicant.

Heard learned counsel for the parties and perused the case diary. It appears that the dispute between the parties is civil in nature as initially complainant of the present case filed one Civil Suit against the applicant; wherein, written statement has been filed by the present applicant.

Considering the facts and circumstances of the case and without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest the applicant shall be released on anticipatory bail on their furnishing a personal bond of Rs.1,00,000/-(Rupees One Lakh Only) with one solvent surety in 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 :-

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

The applicant shall make themselves available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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 they are accused;

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

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

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Public Prosecutor for the State with a direction to keep the same in the concerned case diary.

Certified copy as per rules.