Mohd Shareef vs State Of Madhya Pradesh

Pavan Kumar Dwivedi, J

This is applicant's first application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 (Section 438 of Criminal Procedure Code, 1973) for grant of anticipatory bail, as he/she is apprehending his/her arrest in connection with Crime No.349/2025 registered at Police Station Chandan Nagar, Indore (MP) for offence punishable under Section 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860.

As per prosecution story, on 13/12/2016 the complainant purchased land bearing plot no. 270-A and 270-C admeasuring 1400 sq. ft. (approx.) situated at Sector EF, Chandan Nagar, Indore (M.P.) from one Shri Rajkumar Kuril S/o Chandulal Kuril for consideration of Rs. 9,50,000/- and subsequently executed an agreement to sale thereby obtaining the possession of the said land. That, on 06/02/2021, when the complainant visited the aforementioned land, it was found that certain unauthorized persons are carrying out construction activities over the said land, and upon inquiry, they told the complainant that they have bought the said land and showed the photocopied documents duly notarized by the accused, who have prepared a fake notary and sold the same to them. Therefore, the complainant on 17/04/2025 filed a complaint against the accused of offence under section 420 of the IPC thereby registering an FIR bearing crime no. 329/2025 at Police Station Chandan Nagar, Indore (M.P.). During the investigation, sections 467, 468, 471 and 120-B of the IPC,1860 were subsequently added against the accused and other co-accused individuals namely Mohd. Farooq @Lambu, and Hukum Rathore.

Learned Senior Counsel for the applicant submits that now the matter has been settled between the complainant and other accused Farooq. He further submits that earlier the police had issued notice under section 35(3) of BNSS on 11.06.2025 to the applicant. Applicant has never misused the same and has always remained present before the Court as and when required. He further submits that investigation is at the verge of completion and custodial interrogation of the applicant is not required. He further submits that co-accused Hukumchand has been granted anticipatory bail by order dated 4.05.2026 passed in M.Cr.C.No.19016/2026. In these circumstances, counsel prays for grant of anticipatory bail to the applicant.

Learned Govt. Advocate opposes the prayer and submits that present applicant was one of the preparator of the agreement. Infact the present applicant was the person who went before the Notary and got the document notarised by incorrectly stating that Kamlabai is sitting in the car and is not well.

Learned counsel for complainant supports the submission made by learned Govt. Advocate.

On due consideration of the rival submissions and perusal of the case diary as also the order passed in the case of the co-accused, this Court is of the considered opinion that the custodial interrogation of the applicant is not necessary in the present case.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his/her executing a personal bond in the sum of Rs.50,000/- (rupees Fifty Thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself/herself available for interrogation by a Police Officer, as and when required. He/she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

M.Cr.C. stands allowed.