Rajendra Jotwani vs The State Of Madhya Pradesh
2021 Latest Caselaw 4487 MP

                                  1                           MCRC-40565-2021
        The High Court Of Madhya Pradesh
                  MCRC-40565-2021
                (RAJENDRA JOTWANI Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 18-08-2021
      Heard through Video Conferencing.
      Shri Pawan Singh Raghuanshi, learned counsel, for the applicant.
      Shri Kaushlendra Singh Tomar, learned PP for the respondent/State.

This is first bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.

T he applicant is apprehending his arrest by Police Station Kotwali district Vidisha in connection with Crime No.319 of 2021 registered in relation to the offence punishable u/S.420, 467, 468, 471/34 of IPC.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case and she has not committed any offence. The sale deed in question was executed in the year 1987 and after almost 24 years the FIR was lodged. It is submitted that the proceeding of civil suit has already been filed which is dismissed vide judgment and decree dated 28.9.20213 wherein, the complainant was a party to the proceeding. It is

further submitted that in the proceeding of mutation, an affidavit had been filed wherein, no objection for mutating the name has been mentioned. The applicant is ready to abide by all the terms and conditions which may be imposed by this court. Certain medical documents have also been filed pointing out the ailment of the applicant. The applicant is aged about 60 years. On these grounds, he prayed for grant of bail.

Per contra, counsel for the State opposed the application stating that the investigation is pending in the matter and it is an application under Section 438 of Cr.P.C. The fact of fraud is yet to be ascertained by the authorities. When specific query was put by the court to state counsel as to what fraud has been committed by the applicant, he could not explain the fact in specific term. However, he could not dispute the fact that the applicant is a first 2 MCRC-40565-2021 offender as per case diary.

Considering the over all facts and circumstances of the case, but without expressing any opinion on the merits of the case, this court deems it appropriate to allow this application. In the event of arrest, the applicant is directed to be released on bail on furnishing a surety bond in the sum of Rs.50,000/- (Fifty thousand only) with one solvent surety in the like amount

to the satisfaction of arresting officer.

The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

This order will remain operative for a period of 30 days from today 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/her;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3 . The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her/him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

3 MCRC-40565-2021

7. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

8. In case of involvement of the applicant in any other case except present one, the bail granted to him shall stand rejected without reference to the court;

Application stands allowed and stands disposed of. The applicant shall install Arogya Setu App in his mobile immediately and would intimate her place of residence to the SHO of concerned Police

Station; where they reside. Applicant shall further submits the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

CC as per rules.

(VISHAL MISHRA) JUDGE

Rks RAM KUMAR SHARMA 2021.08.18 19:23:48 +05'30'