Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 13 May, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No. 22869/2021
( Deepak Vs The State of M.P.)
(1)
Heard through video conferencing.
Gwalior, dated : 13/05/2021
Shri Ankur Maheshwari, learned counsel for the applicant.
Shri P.P.S. Vazeeta, learned Public Prosecutor for the
respondent-State.
Heard on IA No. 13624/2021, an application for urgent hearing, is considered and allowed.
Heard, learned counsel for the parties. Case diary perused.
This is the first application under Section 438 of the Code of Criminal Procedure filed for grant of anticipatory bail.
Applicant apprehends his arrest in connection with Crime No.713/2019 registered at Police Station- Dabra, District- Gwalior for the offence punishable under Sections 323, 294, 420, 467, 471 and 120-B of IPC.
Allegations against the applicant, in short, are that land belonging to Niser Green Housing Financing Company Limited was got registered in the name of co-accused -Radheshayam Gurjar, applicant Deepak Singh and co-accused Jitendra and taken possession of the said land illegally. On the basis of aforesaid, crime has been registered.
Learned counsel for the applicant submits that the applicant is aged about 31 years and he has been falsely implicated in the matter. Infact, the applicant and other persons had purchased the land and entered into an agreement of Rs.60,00,000/- (Sixty Lac) out of which HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 22869/2021 ( Deepak Vs The State of M.P.) (2) the applicant and other persons had already paid Rs.26,70,899 from February 2018 to February, 2019 to Rajendra Rajoriya. Infact, the applicant has been cheated by Rajendra Rajoriya and other persons. It is further submitted that co-accused- Radheshyam Gurjar has already been granted the benefit of anticipatory bail by this Court vide order dated 11/12/2020 passed in MCRC No.43576/2020. It is also submitted that owing to COVID-19 outbreak, detention of applicant in already congested prisons may be detrimental. Applicant is ready to cooperate in the investigation. He is a permanent resident of Village Lakhiya Post, Beru Tehsil Dabra District Gwalior and there is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions prayer for grant of anticipatory bail is made.
On the other hand, learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and material available on record, no case for grant of bail is made out.
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.
Accordingly, this application is allowed and it is hereby directed that in the event of arrest of applicant, he shall be released HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 22869/2021 ( Deepak Vs The State of M.P.) (3) on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one 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. The applicant will comply with all the terms and conditions of the bond executed by him.
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. 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;
4. 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.
5. The applicant will not seek unnecessary adjournments during the trial; and HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 22869/2021 ( Deepak Vs The State of M.P.) (4)
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy/E-copy as per rules.
(S.A.Dharmadhikari) Vacation Judge Prachi* PRACHI MISHRA 2021.05.13 22:59:32 +05'30'