Madhya Pradesh High Court
Ajay Bhillala vs The State Of Madhya Pradesh on 12 October, 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 12th OF OCTOBER, 2022
MISC. CRIMINAL CASE No. 45435 of 2022
BETWEEN:-
AJAY BHILLALA S/O SHRI KISHORE
BHILLALA, AGED ABOUT 30 YEARS,
OCCUPATION: AGRICULTURE R/O
NALKHEDA (MADHYA PRADESH)
.....PETITIONER
(SENIOR ADVOCATE SHRI RAVINDRA SINGH
CHHABRA APPEARED FOR THE PETITIONER
WITH SHRI MUDIT MAHESHWARI, LEARNED
COUNSEL FOR THE PETITIONER )
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE
STATION NALKHEDA, DISTRICT AGAR
MALWA (MADHYA PRADESH)
.....RESPONDENT
( MS NISHA JAISWAL PL APPEARING ON
BEHALF OF ADVOCATE GENERAL.
SHRI SHANTANU SHARMA, LEARNED
COUNSEL FOR THE RESPONDENT [OBJ].)
This application coming on for hearing this day, the court
passed the following:
Signature Not Verified
Signed by: BHUVNESHWAR
DATT JOSHI
Signing time: 12-10-2022
17:40:34
2
O R D E R
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 29.8.2022 in connection with Crime No. 248/2022 registered at P.S.
- Nalkheda District Agar (M.P.) for commission of offence punishable under Section 420, 465, 467, 468, 471 and 120-B of IPC and Section 339(C) of MP Municipalities Act.
As per the prosecution story, in the year 2009 complainant entered into a sale agreement with the co-accused Ramesh Chandra Bhilala and Kishore Chandra Bhilala for purchase of the disputed agricultural land admeasuring 2.307 hectare on a consideration of Rs. 22 lakhs per bigha 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 sale deed. Thereafter co-accused Kishore and Ramesh executed sale agreement dated 9.8.2021 of said land with Mohd. Farookh and on the basis of said agreement obtained permission to sale said land under the provisions of MPLRC. Accordingly case has been registered against the applicant and other accused persons.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter.
Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 12-10-2022 17:40:34 3Applicant is in jail since 29.8.2022.The applicant is neither seller nor he has obtained permission for sale of the plot in question, nor he has received any amount as alleged in the FIR. Only on the basis that he being son of seller, the applicant has been made accused in this offence. The Hon'ble Apex court vide order dated 10.10.2022 had granted stay on arrest of Mohd Juber and others in reference to FIR No. 248/2022. The applicant has no concerned with the aforementioned offence and prima facie no case is made out against him. Hence, he prays that applicant be released on bail.
Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.
Learned counsel for objector also opposes the bail application and prays for its rejection by submitting that applicant has comitted cheating with the complainant therefore, he does not deserve for 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 counsel for the parties, nature and gravity of allegation as also taking note of the fact that Ramesh and Kishore have obtained permission from the court of Collector Agar Malwa regarding sale of land in question, the present applicant is neither purchaser nor seller in the said transaction, in view of the limited role attributed to present applicant, I deem it proper to Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 12-10-2022 17:40:34 4 release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
Certified copy as per rules.
(ANIL VERMA) J U D G E BDJ Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 12-10-2022 17:40:34