Baldev Singh Bhadoriya vs The State Of Madhya Pradesh on 5 September, 2022

[Cites 8, Cited by 1]

Madhya Pradesh High Court

Baldev Singh Bhadoriya vs The State Of Madhya Pradesh on 5 September, 2022

Bench: Deepak Kumar Agarwal

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 5th OF SEPTEMBER, 2022

                MISC. CRIMINAL CASE No. 37329 of 2022

        Between:-
        BALDEV SINGH BHADORIYA S/O SHRI
        BALVEER SINGH BHADORIYA, AGED 65 YEARS,
        OCCUPATION: SCHOOL SANCHALAK, R/O M-121
        DARPAN COLONY THATIPUR, DISTRICT-
        GWALIOR (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY SHRI R.K. SHARMA- SENIOR ADVOCATE WITH MS. BHAVYA
        SHARMA- ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION- THATIPUR, DISTRICT-
        GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (SHRI NAVAL KISHORE GUPTA- PUBLIC PROSECUTOR AND SHRI
        BHUPENDRA SINGH CHAUHAN- ADVOCATE FOR THE
        COMPLAINANT)


      This application coming on for hearing this day, the court passed the

following:
                                    ORDER

This Second bail application under section 438 of Cr.P.C. has been filed by the applicant for grant of anticipatory bail. The first application was dismissed on merits vide order dated 18/02/2022 passed in MCRC No.5074/2022.

The applicant apprehends his arrest in connection with Crime No.20/2022 registered at Police Station- Thatipur, District - Gwalior (M.P.) for the offence 2 punishable under Sections 420, 467, 468, 471, 294, 120-B and 506 of IPC.

In brief prosecution story is that on 11/01/2022, complainant Smt. Sunita Sharma W/o Harish Sharma lodged a written complaint against present applicant and others that applicant/accused proposed her to sell his land situated at City Centre Phase-2 which was allotted to his society Goverdhan Grah Nirman Sahkari Samiti Maryadit on 14.11.2006 by Gwalior Development Authority. The aforesaid land is clear and he is competent to sell the land, he will get the land mutated in her name. If any dispute arises in future, he will pay one and half more of the consideration amount. On his assurance, she gave Rs.35,12,200/- for plot No.46 area of 96 sq. mtr. and agreement was executed between both the parties. Thereafter, the present applicant/accused also executed the agreement of sale of plot No. 152 area of 96 sq. mtr., for consideration amount of Rs.36,15,500/- in the name of her husband. But after the lapse of 11 years neither applicant/accused has executed the registered sale deed in the favour of her nor his husband. Applicant/accused along with his wife Kiran and Aditya Bhadauriya and Dr. Tanvi Gupta made a conspiracy and made counterfeit documents o f Gwalior Development Authority and took the amount to the tune of Rs.2,71,77,700/- from her and her husband but did not execute the registered sale deed in their favour. On her complaint, FIR was registered against present applicant and others. During investigation, Investigating Officer seeks information regarding allotment of the aforesaid land. Gwalior Development Authority by its letter dated 25.01.2022, declared that they have not allotted any land to Govardhan Grah Nirman Sahakari Samiti Maryadit, Gwalior (M.P.), City Centre Phase-II. Agreement to sale was seized during investigation.

From the side of the applicant, it is submitted by the counsel for the 3 applicant that the applicant is innocent and he is suffering from blood cancer. The complainant's husband is having criminal record. and false complaint has been lodged against the applicant. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. He is the permanent resident of District- Gwalior. Under these submissions, prayer for grant of anticipatory bail to the applicant is made .

Learned counsel for the State and well as the counsel for the complainant have vehemently opposed the bail application and submitted that the aforesaid intimation was prepared on the statement of retired Superintendent Engineer - V.V. Mathur of GDA. The aforesaid letter was not written on the basis of any record. Besides this, applicant/accused is a habitual offender and he has criminal past of similar cases. He defrauded the complainant as well as many other innocent persons by taking the money. So far as, the applicant is suffering from blood cancer, this fact has already been considered at the time of dismissing the first bail application of the applicant.

Taking into consideration the overall facts and circumstances of the case and looking to the nature of offence as well as gravity of offence, this Court is not inclined to entertain the second repeat anticipatory bail preferred by the applicant, therefore, the same is hereby dismissed.

(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=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe7 7953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B555 75E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.09.07 10:57:26 +05'30'

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