Shayam Lal Kushwah vs State Of MP

S.A. Dharmadhikari, J

The applicant has filed this First application u/S 438, Cr.P.C. for grant of bail.

Applicant apprehends arrest in connection with Crime No. 428/2021 registered at Police Station Karera, District Shivpuri for the offence punishable under section 420, 406 of IPC.

Allegations against the applicant and other co-accused persons, in short, is that on 13/08/2021 an agreement was executed between the present applicant and the husband of the complainant in respect of land bearing survey No. 1757/2 admeasuring area 0.480 hectare and survey No. 1530/1 admeasuring area 0.177 hectare situated at Karera, Dist. Shivpuri for a consideration of an amount of Rs. 51 Lakhs. But in between the period of agreement, the applicant had sold the said land to one Mangal Singh Yadav and Others and did not execute the agreement. The applicant had also taken Rs. 17 Lakhs 70 thousand from the complainant in respect of aforesaid land as token money. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that applicant aged 70 years has been falsely implicated in the present case. Earlier, complaint was lodged by husband of the complainant in respect of the aforesaid land and after carrying out detailed investigation by the police, it was found that the dispute is of purely civil in nature and, therefore, closure report was filed.

The present FIR has been filed by wife of the original complainant on 13/08/2021 on the same facts and identical issue, which could not have been done. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. The applicant is permanent resident of District Shivpuri and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

Learned State counsel opposed the application on the ground that applicant is absconding since the date of registration of FIR. Investigation against the applicant is pending and custodial interrogation is required 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 anticipatory bail is made out.

Accordingly, without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing a personal bond of Rs. 1,00,000-/-(Rupees One Lakh only) with two local solvent sureties in the like amount to the satisfaction of Arresting Authority for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant :-

He will cooperate in the investigation/trial, as the case may be;

He 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;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial;

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on anticipatory bail, then this bail order shall automatically stands cancelled without further reference to this Court.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.