Murarilal Gupta And Another vs State Of Madhya Pradesh

I.A.No.13683/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The applicants have filed this first bail application u/S.438 Cr.P.C for grant of anticipatory bail.

The applicants apprehend their arrest in connection with Crime No.366/2020 registered at Police Station Kotwali, District Datia (M.P.) in relation to the offence punishable under Sections 420, 467, 468, 471, 120-B and 201 of IPC.

It is submitted by learned counsel for the applicants Murarilal Gupta and Vikash Gupta that the applicants have not committed any offence in any manner. They have falsely been implicated in the case. Learned counsel for the applicants further submitted that a case has been registered bearing crime No.366/2020 at Police Station Kotwali, District Datia (M.P.) on the basis of report made by Tehsildar on 07/08/2020, wherein the complainant/Tehsildar had stated that the survey Nos.2467, 2468, and 2469 situated in Datia Gird were forest land up to the year 1969-70, thereafter the same were recorded in the name of private person. The FIR was registered against the-then Patwari and the owner of the land.

Learned Counsel further submitted that one FIR was registered in the year 2018 for the same land against the unknown persons, which is Annexure A/9 at page 44 of the present bail application, wherein it is specifically mentioned that "जिसमे जिला अभिलेखागार से किसी कर्मचारी द्वारा दतिया गिर्द के खसरा खतौनी आदि दस्तावेज गायब कर दिये गये है जिसकी कायमी की जाती है". The said FIR was relating to misplacing of documents of the year 1943-44 to year 1961-62. The present applicants are bona-fide purchasers who purchased the land by registered sale deed dated 20.03.2009 and 14.05.2009, whereby the part of survey No.2467 was purchased. The Tehsildar, who is a Revenue Authority has stated in his order that the present applicants had purchased the aforesaid land from the ostensible owner, hence, no ownership right was created. As per sale-deed, Annexure A/4 which is at page 35 of the present bail application, the land was belonging to one Narayandas who sold the property to M/s Ram Mills, Registered Partnership Firm, Datia. It is further submitted that after purchase of the land the applicants got No Objection Certificates from different authorities. Thereafter, colonizer license issued to the applicants on 13.05.2016.

Learned Counsel further submitted that as per the report of Copying Section, i.e. Annexure A/8 which is at page 43 of the bail application, the application was filed for issuance of certified copies. The concerned authority has mentioned that " lu~ 1963 ls 1967 rd dk [kljk dVk&QVk gS" that means the record was not misplaced, rather it was not in good condition. It is further submitted that as per Annexure A/10 at page 48 of the present bail application which is report submitted by the Forest Ranger, Forest Range, Datia (M.P.), the land under dispute was situated outside the forest land. Therefore, prima-facie no case is made out against the present applicants.

It is also submitted that this Court has already disposed of M.Cr.C. No.28249/2020 vide order dated 31/08/2020 in the light of judgment of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. It is further submitted the Co-ordinate Bench of this Court has also granted anticipatory bail vide order dated 03/12/2019 passed in M.Cr.C. No.45919/2019 for the offence registered under Sections 420 and 467 of IPC to similarly situated accused of that case.

On these premises, learned counsel for the applicants prays for grant of anticipatory bail to the applicants relying upon the judgment of Hon'ble Apex Court in case of Sushila Aggarwal and others Vs. State (NCT of Delhi) and another reported in (2020) 5 SCC 1.

Per contra learned State Counsel has vehemently opposed the prayer made by learned counsel for the applicants and has submitted that the case has been registered under Sections 420, 467, 468, 471, 120-B and 201 of IPC. The allegations against the applicants are of committing the forgery in respect of the lands costing crores of rupees. Earlier the land was forest land, therefore, present applicants are not bona-fide purchaser. It is further submitted that this Court had granted anticipatory bail vide order dated 31/08/2020 passed in M.Cr.C No.28249/2020 which was in connection with some other crime number. Therefore, on the basis of aforesaid order, no benefit of bail could be granted to the applicants. Hence, prays to reject the bail application.

At this stage, learned counsel for the applicants seeks to withdraw this bail application with liberty to file afresh after reasonable time.

Prayer is allowed.

Accordingly, this anticipatory bail application stands dismissed as withdrawn with liberty as aforesaid.

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