Madhya Pradesh High Court
Kishore Bhillala vs The State Of Madhya Pradesh on 3 February, 2023
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 3 rd OF FEBRUARY, 2023
MISC. CRIMINAL CASE No. 2903 of 2023
BETWEEN:-
KISHORE BHILLALA S/O SHRI UMRAV SINGH
BHILLALA, AGED ABOUT 48 YEARS, OCCUPATION:
AGRICULTURE R/O NALKHEDA DISTT. AGAR (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI RAVINDRA SINGH CHHABRA - SENIOR ADVOCATE WITH SHRI
MUDIT MAHESHWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION NALKHEDA
DISTRICT AGAR MALWA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI PRANAY JOSHI - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest 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 1956.
As per the prosecution story, complainant entered into a sale agreement Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 07-02-2023 11:56:40 2 with the co-accused Ramesh Chandra Bhilala and present applicant 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 applicant 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 the applicant is innocent and he has been falsely implicated in this matter. He submits that co-accused Ajay Bhillala and Mohd. Farukh Shekh have been enlarged on bail by this court vide orders dated 12.10.2022 and 14.10.2022 passed in M.Cr.C. Nos. 45435/2022 and 51180/2022 and the Hon'ble Apex court vide orders dated 10.10.2022 and 16.12.2022 has passed interim order thereby staying arrest of co-accused Mohd. Juber and others. The alleged sale deed was executed by co-accused Ramesh from out of his ownership of land, applicant has been implicated in this case because he happens to be the brother of Ramesh. As per the judgment of Hon'ble Apex court in case of T.T. Antony Vs. State of Kerala reported in (2001) 6SCC 181, there can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence. The applicant is permanent resident of District Agar. Final conclusion of trial will take Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 07-02-2023 11:56:40 3 considerable long time. Hence, he prays that the applicant be released on anticipatory bail.
Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that applicant is one of the main accused, therefore, he does not deserve for anticipatory bail.
Perused the case diary as well as the impugned order passed by the court below.
Considering all the facts and circumstances of the case, arguments advanced by both the parties it is revealed that present applicant is the main accused, he alongwith co-accused Ramesh has filed an application before Naib Tehsildar Nalkheda for permission to sale and also filed an application under section 165(6) of MP Land Revenue Code, 1956 before Collector Agar Malwa and they have obtained permission from Collector Agar Malwa regarding sale of land in question, the applicant has committed cheating with the complainant, therefore, his case is different from other co-accused persons who have been enlarged on bail and granted interim relief against their arrest by the order of Hon'ble Apex court.
In view of the prima facie evidence available on record this court is not inclined to grant anticipatory bail to the applicant. Hence this anticipatory bail application filed by applicant under section 438 Cr.P.C. is hereby dismissed.
Certified copy as per rules.
(ANIL VERMA) JUDGE BDJ Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 07-02-2023 11:56:40