Madhya Pradesh High Court
Ajay Bhilala vs The State Of Madhya Pradesh on 30 August, 2022
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 30th OF AUGUST, 2022
MISC. CRIMINAL CASE No. 40347 of 2022
Between:-
1. AJAY BHILALA S/O KISHORE BHILALA, AGED
ABOUT 30 YEARS,
OCCUPATION: AGRICULTURE
R/O: NALKHEDA, DISTRICT AGAR. (MADHYA
PRADESH)
2. VIJAY BHILALA S/O RAMESHCHANDRA
BHILALA, AGED ABOUT 32 YEARS,
OCCUPATION: AGRICULTURE
R/O: VILLAGE NALKHEDA, DISTRICT AGAR
MALWA (MADHYA PRADESH)
.....APPLICANTS
(BY SHRI NEERAJ GAUTAM ADV.)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
NALKHEDA, DISTRICT AGAR MALWA
(MADHYA PRADESH)
.....NON APPLICANT
(BY SHRI GOVIND PUROHIT, GA)
MISC. CRIMINAL CASE No. 36670 of 2022
Between:-
1. MOHAMMAD JUBER S/O ABDUL JALIL, AGED
ABOUT 32 YEARS,
OCCUPATION: SERVICE PROVIDER,
R/O: THAKUR MOHALLA, NALKHEDA,
DISTRICT AGAR MALWA (MADHYA PRADESH)
2. ABBAS HUSSAIN S/O NISAR MOHAMMAD,
Signature Not Verified AGED ABOUT 40 YEARS, OCCUPATION:
Signed by: TRILOK SINGH
SAVNER
BUSINESS
Signing time: 30-Aug-22 R/O: NALKHEDA, DISTRICT AGAR MALWA
8:27:23 PM
(MADHYA PRADESH)
2
3. ABDUL SALAM S/O NISAR MOHAMMAD, AGED
ABOUT 34 YEARS,
OCCUPATION: BUSINESS
R/O: NALKHEDA, DISTRICT AGAR MALWA
(MADHYA PRADESH)
.....APPLICANTS
(BY SHRI VIRENDRA SHARMA ADV.)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
NALKHEDA, DISTRICT AGAR MALWA
(MADHYA PRADESH)
.....NON APPLICANT
(SHRI GOVIND PUROHIT, GA FOR STATE)
(SHRI SHANTANU SHARMA ADV. FOR OBJECTOR)
These applications coming on for orders this day, the court passed the
following:
Counsel for the applicant No.1 Ajay Bhilala in MCRC No.40347/2022
submits that applicant Ajay Bhilala has been arrested by the police, therefore, he
does not want to press the anticipatory bail application under Section 438 of
Cr.P.C. in respect of Ajay Bhilala.
Therefore, the anticipatory bail application in respect of applicant Ajay
Bhilala is hereby dismissed as not pressed.
ORDER
These are the first anticipatory bail applications filed under Section 438 of the Code of Criminal Procedure, 1973. The applicants are apprehending their arrest in connection with Crime No.248/2022 registered at P.S. - Nalkheda Signature Not(M.P.) Verifiedfor commission of offence punishable under Section 420, 465, 467, 468, Signed by: TRILOK SINGH SAVNER 471, 120-B of IPC and under Section 339(C) of M.P. Municipalities Act. Signing time: 30-Aug-22 8:27:23 PM 3 As per the prosecution story, in the year 2009 complainant entered into the sale agreement with the co-accused Ramesh Chandra Bhilala and Kishore Chandra Bhilala for purchase of the disputed agricultural land admeasuring 2.307 hectare at the consideration of Rs.22 Lakhs per Bigah and complainant made certain cash payment to co-accused Ramesh and Kishore. Thereafter complainant through one Kamal Kishore Patidar gave Rs.5 Lakhs to co- accused Ramesh and Kishore and executed one agreement dated 1.4.2021, whereby it was agreed that the remaining amount of consideration will be paid at the time of execution of the sale deed. Thereafter co-accused Kishore and Ramesh executed sale agreement dated 9.8.2021 of the said land with Mohd. Farookh and on the basis of the said agreement obtained permission to sale said land under the provisions of MPLRC. Accordingly offence has been registered against the present applicants and other co-accused persons.
Learned counsel for all the applicants (except Ajay Bhilala) submits that the applicants are innocent and they have been falsely implicated in this matter. No legal evidence is available against them in respect of the aforesaid crime. They have not executed any sale agreement. Applicants Mohd. Juber and Abdul Salam have been enlarged on anticipatory bail by the order dated 27.6.2022 passed by this Court in MCRC No.28388/2022 and 28399/2022 in the connected case bearing Crime No.171/2022 registered at P.S. Nalkheda.
Revenue authorities exercised the power under Section 165 of MPLRC vide order dated 29.9.2021, which can be always subject to appeal. Present case is admittedly civil in nature and police gave criminal colour to a civil case, which is nothing but an abuse of the process. Applicants are permanent resident of Signature Not Verified Signed by: TRILOK SINGH SAVNER Nalkheda, District Agar Malwa. Hence they pray that all the applicants be Signing time: 30-Aug-22 8:27:23 PM released on anticipatory bail.
4Per-contra, learned GA for respondent/State opposes both the anticipatory bail applications and prays for its rejection.
Learned counsel for the objector also opposes the anticipatory bail application and prays for its rejection by submitting that applicants have made a wrong assertion in their application regarding the matter relating to Crime No.171/2022, P.S. Nalkheda, which relates to the cheating and forgery against the complainant Santosh Joshi, while this matter pertains to cheating and forgery against the complainant Bhagwan, Shahrukh and Mohsim from whom the applicants by way of conspiracy have taken a huge money as advance for sale of plot, though they have no saleable interest in the land in question. Sale agreement has been done for an inadequate consideration of Rs.80 Lakhs, though the market price of the land is not less than Rs.3 Crores. Abdul Salam is a habitual offender and 5 criminal cases has been registered against him, three of the offences are related with Section 420, 465, 467, 468, 471, 120B of IPC. Four criminal antecedents have been found against the applicant Juber. The applicants are habitual offenders, therefore, they do not deserve for anticipatory bail.
Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking note of the fact that complainants are different in Crime N.171/2022 and 248/2022, present applicants and other co-accused persons are absconding since the date of incident, investigation is going on, applicant Juber and Abdul Signature NotSalam Verified have some criminal antecedents, therefore, in view of the prima facie Signed by: TRILOK SINGH evidence available on record, without commenting upon merits of the case, at SAVNER Signing time: 30-Aug-22 8:27:23 PM 5 this stage this Court is not inclined to grant anticipatory bail to the present applicants.
Therefore, both the MCRCs are dismissed.
C.C. as per rules.
(ANIL VERMA) JUDGE trilok Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 30-Aug-22 8:27:23 PM