Madhya Pradesh High Court
Pradeep Kumar Chaturvedi vs The State Of Madhya Pradesh on 13 March, 2019
1 MCRC-8469-2019
The High Court Of Madhya Pradesh
MCRC-8469-2019
(PRADEEP KUMAR CHATURVEDI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 13-03-2019
Shri Praveen Kumar Pandey, counsel for the applicant.
Ms. Anjana Kurariya, Govt. Advocate for the respondent/State.
Shri Anurag Sahu, counsel for the objector.
Case dairy perused and argument heard.
This is First application of the applicant Pradeep Kumar Chaturvedi filed under section 439 Cr.P.C. for grant of bail in connection with Crime No.584/2018 registered at Police Station Mauganj, District Rewa for the offence punishable under Sections 419, 420, 467, 468, 471 & 120-B of IPC.
As per the prosecution case, the land bearing survey No.137/2 area 0.482 Hect. situated at Village Mudaria Teh. Mauganj was owned by Raj Kali mother of the complainant Vijay Shankar Dwivedi. On 06.08.2013 she had gone out from her house and thereafter she did not return. On the report of complainant police registered missing person case at Police Station Mauganj and tried to search her but she did not find. It is further alleged that on 28.10.2016, co-accused Usha Tiwari impersonating herself as Raj Kali executed the sale deed of said land in favour of co-accused Hari Shankar Jaiswal. Co-accused Raj Kumar Vishwakarma and Santosh Patel are the attesting witnesses of said sale deed and applicant was also involved in the crime.
Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. Police only on the basis of confessional statement of co-accused Usha Tiwari implicated applicant in the crime. The applicant is not the beneficiary of said sale deed. Neither he executed the said sale deed nor did he witness of said sale deed. The applicant is in custody since 27.01.2019 and the conclusion of the trial is likely to take a long time, hence prayed for the release of the applicant on bail.
Digitally signed by RANJEET AHIRWAL Date: 14/03/2019 12:25:492 MCRC-8469-2019 Learned counsel for the State as well as learned counsel for the objector opposed the prayer and submitted that co-accused Usha Tiwari impersonating herself as Raj Kali executed the sale deed of survey No.137/2 area 0.482 Hect. situated at Village Mudaria Teh. Mauganj in favour of co- accused Hari Shankar Jaiswal and applicant was also involved in that deal.
So, he should not be released on bail.
Looking to facts and circumstances of the case and as to the fact that applicant is not the beneficiary of the said sale deed and the fact that neither the applicant executed the said sale deed nor did he witness of said sale deed and the fact that applicant is in custody since 27.01.2019 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
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 trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and Digitally signed by RANJEET AHIRWAL Date: 14/03/2019 12:25:49
3 MCRC-8469-2019
6. The applicant will not leave India without previous permission of the trial Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE Digitally signed by RANJEET AHIRWAL Date: 14/03/2019 12:25:49