Veeru @ Gajendra Gurjar vs State Of M.P. Nd Others

S.A.Dharmadhikari, J

This is the second application under Section 438 of the Code of Criminal Procedure filed for grant of anticipatory bail. Earlier application was

dismissed as withdrawn vide order dt.16.02.2021 passed in M.Cr.C.No.7731/2021.

Applicant apprehends his arrest in connection with Crime No.713/2019 registered at Police Station- Dabra, District- Gwalior for the offence

punishable under Sections 323, 294, 420, 467, 471, 468 and 120-B of IPC.

Allegations against the applicant, in short, are that land belonging to Niser Green Housing Financing Company Limited was got registered in the name

of co-accused -Radheshayam Gurjar, Deepak Singh and co-accused Jitendra and taken possession of the said land illegally. On the basis of aforesaid,

crime has been registered.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. Infact, the applicant and other persons had purchased

the land and entered into an agreement of Rs.60,00,000/- (Sixty Lac) out of which the applicant and other persons had already paid Rs.26,70,899 from

February 2018 to February, 2019 to Rajendra Rajoriya. Infact, the applicant has been cheated by Rajendra Rajoriya and other persons. It is further

submitted that co-accused- Radheshyam Gurjar and Deepak have already been granted the benefit of anticipatory bail by this Court vide orders dated

11/12/2020 13.05.20231 passed in MCRC No.43576/2020 and 22869/2021. Counsel for the applicant submits that in view of COVID-19 outbreak,

detention of applicant in already congested prisons may be detrimental. The applicant is ready to cooperate in the investigation. He is permanent

resident of District Gwalior (M.P.). There is no likelihood of applicant's absconsion or tampering with the prosecution evidence if he is released on

anticipatory bail. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions prayer for grant of anticipatory

bail is made.

On the other hand, learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and

material available on record, no case for grant of bail is made out.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to

extend the benefit of anticipatory bail to the applicant.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant, he shall be released on bail on furnishing a

personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Arresting Authority.

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:-

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 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 will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the

Court.

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