Madhya Pradesh High Court
Smt. Rajeshree Gurjar vs The State Of Madhya Pradesh on 25 November, 2020
Equivalent citations: AIRONLINE 2020 MP 1507
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No. 44154/2020
(Smt. Rajshree Gurjar Vs The State of M.P. )
(1)
Gwalior, dated : 25/11/2020
Shri Rajmani Bansal, learned counsel for the applicant.
Shri Sohit Mishra, learned Panel Lawyer for the respondent-
state.
Shri D.P. Singh, learned counsel for the complainant. In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
IA No. 20697/2020, an application for urgent hearing, is considered and allowed.
Heard on IA No. 21421/2020, an application under Section 301(2) of the Cr.P.C.
For the reasons stated in the application, the same is allowed and Shri D.P. Singh, learned counsel on behalf of the complainant and his associate is permitted to assist the prosecution.
Heard learned counsel for the parties.
Case diary perused.
This is first bail application under Section 438 of the Cr.P.C preferred for grant of anticipatory bail.
Applicant apprehends arrest in connection with Crime No. 462/2020 registered at Police Station Jhansi Road District Gwalior HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 44154/2020 (Smt. Rajshree Gurjar Vs The State of M.P. ) (2) (M.P.). for the offences punishable under Sections 420, 467, 468 and 406 of the IPC.
Allegation against the applicant and co-accused Kuber Singh @ Kumer Gurjar is that they entered into an agreement with the complainant to sell an agricultural land belonging to the applicant and co-accused situated at Mauja Bhatkhedi Patwari Halka No. 77 Mahalgaon Nagar Nigam Ward No. 7 Teh. and District Gwalior (M.P.) bearing Khasra No. 579/A, 574/03 and 575/03 area 0.926 Hectare for consideration of Rs. 1,78,000,00/- and applicant took a demand draft of Rs. Thirty Two Lacs as part payment. When the entire amount was not paid by the complainant to the applicant. Applicant decided to return the amount of Rs. Thirty Two Lacs for which they issued a cheque of Nagrik Sahkari Bank, Gwalior for amount of Rs. Thirty Two Lacs but on the presentation the cheque was bounced on the ground that cheque is outdated. As such the applicant and co-accused have cheated the complainant. On the aforesaid basis, crime has been registered.
Learned counsel for the applicant submits that applicant has falsely been implicated in the matter . Investigation is on the verge of completion. In fact, complainant has cheated the applicant, since the complainant did not perform the part of the agreement and failed to pay the entire amount, therefore, the registry could not take place. It is further submitted that proceedings under Section 138 of the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 44154/2020 (Smt. Rajshree Gurjar Vs The State of M.P. ) (3) Negotiable Instrument Act has already been proceeded by the complainant and notice have been issued. The case is of civil nature which has been given the colour of conspiracy. Applicant is only joint owner of the property. Applicant has not received any amount . The applicant is only bread earner of the family. Learned counsel for the applicant further submitted that in view of COVID-19 outbreak, detention of applicant in already congested prisons may be detrimental. It is submitted that applicant is permanent resident of Gwalior and there is no likelihood of absconsion or tampering with the prosecution evidence. With the aforesaid submissions prayer for grant of anticipatory bail is made.
Learned Panel Lawyer and counsel for the complainant opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out and it is submitted that applicant was having dishonest intention from the very beginning, investigation is pending and custodial interrogation may be required in the matter, therefore, prays for rejection of anticipatory bail.
Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 44154/2020 (Smt. Rajshree Gurjar Vs The State of M.P. ) (4) The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a local solvent surety of the like amount to the satisfaction of Arresting Authority.
The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. In case, co-accused Kuber Singh @ Kumer Gurjar violates the condition of bail as imposed by this Court vide order dated 25/11/2020 in M.Cr.C. No. 46670/2020, the anticipatory bail granted to the present applicant shall also stand automatically cancelled, since the present applicant is wife of the co-accused Kuber Singh @ Kumber Gurjar and transaction has been entered into jointly.
1. The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.
2. The applicant will comply with all the terms and conditions of HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 44154/2020 (Smt. Rajshree Gurjar Vs The State of M.P. ) (5) the bond executed by him;
3. The applicant will cooperate in the investigation/trial, as the case may.
4. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
5. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court. Certified copy/e- copy as per rules/directions.
(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2020.11.2 6 07:08:22 +05'30'