Madhya Pradesh High Court
Asha Pandey vs The State Of Madhya Pradesh on 20 December, 2016
MCRC-21848-2016
(ASHA PANDEY Vs THE STATE OF MADHYA PRADESH)
20-12-2016
Shri Amitabh Gupta, learned counsel for the applicant.
Shri A Gupta, learned Panel Lawyer for the respondent/State.
This is first bail application filed by the applicant/accused under Section 438 of Cr.P.C for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.323/2016 registered at Police Station- Naugaon, District Chhatarpur (MP) for offences punishable under Sections 419, 420, 467, 468, 471, 120B of IPC.
As per the prosecution story, co-accused Rajkumar Babele got sale deed of agricultural land registered in his name which belongs to Bebi Raja, Chanda Raja, Sartaj Bahadur and Sarkar Bahadur on 25/06/2016, while Chanda Raja was not alive at that time and Sartaj Bahadur was also missing. In place of them, by producing other persons, co-accused Rajkumar got the sale deed executed. Applicant stood before Registrar as Chanda Raja, therefore she committed cheating by impersonating the real owner of the property.
Learned counsel for the applicant submitted that applicant has been falsely implicated and till today nobody has identified her. Other co-accused persons namely Kishori Kushwaha, Ashok Kumar Dubey, Rajkumar Babele, Balkishan Choubey and Sanjeev Pathak have already been released on anticipatory bail by this Court. Apart from it, custody of the applicant is not required in this case for the purpose of custodian interrogation. There is no likelihood of applicant absconding or tampering with the evidence. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant/accused be released on anticipatory bail.
Learned PL for the respondent-State prayed for rejection of bail application.
Having considered the contentions of learned counsel for the parties and perusal of the record, it appears that applicant's custodian interrogation is not required, without expressing any opinion on merits of the case, application is allowed. It is directed that if the applicant Asha Pandey surrenders at the concerned police station within 15 days from today and if she is arrested by the Investigating officer or the Court, she shall be released on bail on furnishing a bail bond and surety bond for the sum of Rs.50,000/- (Rs. Fifty Thousand only). If she failed to do so, the effect of this order shall be vacated automatically. She shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(J. P. GUPTA) JUDGE tarun