Ramesh Kumar Agrawal vs State Of Chhattisgarh

Heard.

Since both the applications (438 and 439) are arising out of the same crime number, they are being considered and decided by this common order.

MCRCA No. 565 of 2021

This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending

his arrest in connection with Crime No.116/2021 registered at Police Station Shivrinarayan, District Janjgir-Champa Chhattisarh for the offence

punishable under Section 420 read with Section 34 of the IPC.

MCRC No. 2882 of 2021

This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in

connection with Crime No.116/2021 registered at Police Station Sheorinarayan, District Jangjir-Champa (CG) for the offence punishable under

Sections 420, 34 of the IPC.

The subject property bearing Khasra Nos.740, 789 and 828 admeasuring 3 acres 11 decimal was owned by Shankar Lal Jadhav, father of

complainant Ravindra Rao Jadhav. As per the complaint, accused Ravindra Rao Bhosley executed a power of attorney in favour of accused

Harishankar Rao Bhosle, who in turn executed the sale deed on 9.5.2006 in favour of accused Natwar Lal Agrawal and Ramesh Kumar Agrawal.

According to the complainant, the power of attorney is a forged document and thus, he/his family members have been cheated and defrauded by the

accused persons.

It is argued that in respect of the same property, a civil suit was instituted by Sita Devi and others on the pleading that the complainant's grandfather

had mortgaged the property with them and thus, they are the owner in possession of the property. In the said suit bearing No.23-A/2007 accused

Ravindra Rao Jadhav, Natwarlal and Ramesh Kumar were arrayed as defendants 3, 4 & 5 respectively. The suit was dismissed and thereafter, the

First Appeal has been dismissed and presently, second appeal is pending before this Court. It is further argued that it was found by the Civil Court that

present complainant Ravindra Rao Jadhav has sold the property in favour of accused Natwarlal and Ramesh Kumar. It is also argued that there is

delay of about 15 years in lodging the FIR.

Considering the delay in lodging the FIR and the previous civil litigation, which has already been decided in favour of applicant Ramesh Kumar

Agrawal, I am inclined to extend the benefit of Section 438 of Cr.P.C. to applicant Ramesh Kumar Agrawal and regular bail to applicant Ravindra

Rao Bhosley.

Accordingly, both the applications are allowed.

It is directed that in the event of arrest of applicant Ramesh Kumar Agrawal, he shall be released on anticipatory bail on his furnishing a personal

bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Arresting Officer with the following conditions :-

(i) he shall make himself available for interrogation by a Police Officer as and when required;

(ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

for disclosing such facts to the Court or to any Police Officer.

(iii) he shall not influence the witnesses during pendency of the trial.

Applicant Ravindra Rao Bhosley is directed to be released on regular bail on his furnishing a personal bond for a sum of Rs.50,000/- with one

surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said

Court.

Certified copy as per rules.