Madhya Pradesh High Court
Ramlakhan Singh Kansana vs The State Of Madhya Pradesh on 14 November, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 14th OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 52410 of 2022
BETWEEN:-
RAMLAKHAN SINGH KANSANA S/O SHRI
ASHARAM SINGH KANSANA, AGED ABOUT 50
Y E A R S , OCCUPATION: AGRICULTURE R/O
GRAM SADAR BAZAR GOHAD BHIND M.P AT
PRESENT R/O D.D. NAGAR VIJAY LAXMI
NAGAR, GWALIOR (MADHYA PRADESH)
.....APPICANT
(BY SHRI SHUBHENDU SINGH CHAUHAN- ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH
POLICE STATION- GOHAD CHAURAHA,
DISTRICT- BHIND (MADHYA PRADESH)
.....RESPONDENTS
(SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR FOR THE
STATE AND SHRI SANJAY SHUKLA- ADVOCATE FOR THE
COMPLAINANT)
This application coming on for hearing this day, the Court passed the
following:
ORDER
This is the First application under Section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.70/2022 registered at Police Station- Gohad Chauraha, District- Bhind (MP) for the offence punishable under Sections 420, 467, 468, 471 and 506/34 of IPC.
I n brief, the prosecution case is that complainant Sanjeev Mishra s/o Bheekaram Mishra, resident of Siddeshwar Nagar Morar Gwalior lodged a 2 computerized complaint with Superintendent of Police Bhind against present applicant/accused- Ramlakhan Singh Kansana and co-accused- Laxmi Devi and others alleging that a sale deed was executed by co-accused- Laxmi Devi W/o Rameshchandra Savita, resident of Shinde Ki Chawani, Gwalior and present applicant/accused- Ramlakhan who is resident of Ratekapura Andori, Tehsil Gohad, District Bhind pertaining to the plot situated at Chimka Gwalior Road o n 4.12.2013 i.e. before about 9 years of lodging the report. Regarding aforesaid plot information had been given by one Manoj and Durgesh on 20.10.2013 before the sale deed was executed. In fact, they were mediator. After purchase of aforesaid plot a dispute arose with another parties regarding plot. He had searched document and came to the conclusion that co-accused- Laxmi, Manoj and Durgesh conspired to sell the aforesaid plot and they sold plot to him on the basis of counterfeit documents. When he tried to contact the present applicant and co-accused persons namely- Laxmi and Durgesh, they kept mum and could not justify him. The then SHO ordered Assistant Sub Inspector- Jadon to enquire into the matter on the same day but to utter surprise, there is no enquiry report in the case diary. In this regard, present SHO- Ravindra Sharma of Police Station- Gohad Chauraha is present before this Court and admitted that there is no enquiry report as directed by the then SHO on 18/09/2021 in the case-diary. For the non-action of SHO on the complaint lodged on 18/09/2021, the complainant again on 10/02/2022 submitted a computerized complaint before Superintendent of Police, District- Bhind (M.P.) who ordered to the SDO to enquire into the matter. Thereafter, enquiry was conducted and aforesaid offence was registered.
Learned counsel for the applicant submitted that the applicant has not cheated the complainant and he has been falsely implicated in the case. It is also 3 submitted that applicant and co-accused- Laxmi sold the aforesaid plot to the complainant by registered sale deed and after execution of sale deed, name of the complainant was mutated in the revenue record. Thereafter, a dispute arose between Ajeet Singh, Bhopal Singh and Harshad Khan and another purchasers- Ramlakhan, Sunil and Ashok regarding possession of the same purchased plot, due to which, they filed a civil suit before Civil Judge, Class-II, Gohad, District- Bhind in which complainant in para No.1 specifically pleaded that he alongwith other plaintiffs are in possession of the aforesaid land. Besides this, after eight years of purchase, complainant initially lodged a complaint on 15/3/2021 with Police Inspector at Police Station- Gohad Chauraha that he is the owner of aforesaid plot situated in survey No.721 (17x75) sq.ft. and he is residing at Gwalior. In the morning it came to his knowledge that in his plot some digging was being done by JCB machine. On his plot plinth is constructed. Some anti- social and criminal elements are trying to dispossess him. It is further submitted that co-accused of this case have already been granted anticipatory bail by this Court vide orders dated 05/8/2022 and 01/09/2022 passed in MCRC No.37153/2022 and MCRC No.40291/2022. Applicant is ready to abide by any condition which may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the present applicant.
Learned counsel for the State as well as counsel for the complainant vehemently opposed the bail application and prayed for its rejection.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the record.
Looking the facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is directed that in the event of 4 arrest, applicant be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the Arresting Authority/Investigating Officer.
T h e applicant shall cooperate in the trial and shall apply regular application before the trial Court as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
With the aforesaid directions, the present application stands disposed of. Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0 cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D48 7, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD 4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.11.15 18:36:59 +05'30'