Rasal Singh Gurjar vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard. 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 Maharajpura, District Gwalior in connection with Crime No. 430/2019 registered in relation to the offences punishable u/S. 420, 467, 468, 469, 470 of IPC.

Allegations against the applicant, in short, are that the applicant along with co-accused Manoj Singh had sold a plot No. H-162 admeasuring area 108 Sq. meter for consideration of Rs. 9,60,000/-, for which, registered sale deed was also executed on 11/03/2016, but when the complainant approached Gwalior Development Authority for mutation, it came to the notice that the applicant alongwith co-accused have created forged and fabricated documents, on the basis of which, registered sale deed was executed.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. Investigation is nearing completion and further custodial interrogation of the applicant may not be required. It is submitted that during pendency of the case, complainant as well as applicant have entered into a compromise and the entire consideration amount of Rs. 9, 60, 000/- has been refunded to the complainant by the applicant and co-accused. It is further submitted that a petition under Section 482 of Cr.P.C. has also been filed for quashing of an FIR on the basis of compromise which is pending consideration before this Court. It is further submitted that applicant is the sole bread earner of his family, if he is not released on bail, his entire family will face dire consequences of starvation. The applicant is the permanent resident of District Gwalior and he is a reputed citizen of his locality. There is no possibility of his absconsion or tempering with the prosecution evidence, if he is released on bail. The applicant is in custody since 10/09/2019 and early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. Under these circumstances, he prays for grant of bail.

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.

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. 50,000/- (Rs. Fifty Thousand only) with one solvent surety 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.