Madhya Pradesh High Court
Rajesh Hazari vs The State Of Madhya Pradesh on 26 June, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
MCRC No.26004/2023
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 26th OF JUNE, 2023
MISC. CRIMINAL CASE No. 26004 of 2023
BETWEEN:-
RAJESH HAZARI S/O SHRI SUKHLAL HAZARI
AGED ABOUT 55 YEARS, OCCUPATION: BUSINESS
R/O 63 RAJA RAM AVENUE, TULSI NAGAR
DISTRICT INDORE (MADHYA PRADESH)
.....APPLICANT
(SHRI VINAY SARAF, SR. ADVOCATE WITH SHRI ANIRUDH MALPANI,
ADVOCATE FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER
THROUGH POLICE STATION RAOJI BAZAR
DISTRICT INDORE (MADHYA PRADESH)
.....NON-APPLICANT/STATE
(SHRI GIRISH DESAI, ADVOCATE FOR THE OBJECTOR)
(SHRI VISHAL SANOTHIYA, GOVERNMENT ADVOCATE FOR THE STATE)
This application coming on for orders this day, the Court passed the
following:
ORDER
Heard with the aid of case diary.
This is first application filed under Section 438 Cr.P.C seeking anticipatory bail, as the applicant/accused is apprehending his arrest in 2 MCRC No.26004/2023 connection with FIR/Crime No.191/2023 dated (not mentioned) registered at Police Station Raoji Bazar, District Indore (M.P.) for the offence punishable under Sections 420, 467, 468, 471 and 120-B of IPC.
2. Prosecution story in short is that the complainant Sanjay Malviya purchased agricultural land bearing survey Nos.279 and 280, area of 2.24 hectares and 0.50 hectares, total of 2.74 hectares situated at village Padalya, District Dewas from co-accused Leela Bai Choudhary through registered sale deed on 15.06.2021. Thereafter, the co-accused Leela Bai Choudhary, her son Mishri Lal, Sachin, Arvind Singh Tomar and the present applicant entered into a conspiracy to cause wrongful loss to the complainant, co- accused persons Sachin Hazari and Smt. Leela Bai Choudhary (1 st Party) have executed a forged agreement to sale (Annexure-A/4) in respect of aforesaid land in the favour of co-accused Mishri Lal (2 nd Party) by showing the date 05.11.2020. The aforesaid agreement is ante-dated and is written on forged stamp paper. Co-accused persons Arvind Singh Tomar and present applicant have witnessed the agreement (Annexure-A/4). An FIR was lodged on 01.06.2023 against the present applicant and co-accused persons.
3. Learned counsel for the applicant submits that the applicant has not committed the offence and he has falsely been implicated in the case. There are two suits pending between the parties in respect of the disputed land. The case is of civil nature. He is only a witness of agreement to sale (Annexure- A/4). Therefore, it cannot be said that he committed the offence. He is a reputed person. Police is trying to arrest him. In case of arrest, his reputation will be tarnished. The applicant has no criminal past. He is ready to cooperate in the investigation. On these grounds, prayer is made to enlarge 3 MCRC No.26004/2023 the applicant on anticipatory bail.
4. Per contra, learned Government Advocate for the State as well as learned counsel for the objector have objected the prayer and submitted that the applicant is real brother of co-accused Sachin and he has witnessed the agreement being well known to the real fact. The offence is grave in nature therefore, the applicant is not entitled for grant of anticipatory bail.
5. Having considered the rival submissions and after perusal of the case diary so also considering all the facts and circumstances of the case, the present applicant only witnessed the agreement to sale (Annexure-A/4), in these circumstances, this Court is of the considered view that it is a fit case to grant anticipatory bail to the applicant hence, without commenting on the merits of the case, the application is allowed.
6. It is directed that in the event of arrest, applicant - Rajesh Hazari shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
7. With the aforesaid, this application is allowed and stands disposed of.
Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE gp GEETA PRAMOD 2023.06.27 18:42:03 +05'30'