Kishore vs The State Of Madhya Pradesh
2021 Latest Caselaw 9176 MP

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     HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
             MISC. CRIMINAL CASE NO.51428 OF 2021
                (Kishore vs State of Madhya Pradesh)


Indore, Dated 27.12.2021
       Mr. Akhilesh Saxena, learned counsel for the applicant.
       Mr.    Aditya   Garg,   learned   counsel   for   the    non-
applicant/State.
1.

They are heard. Perused the documents/challan papers.

2. This is applicant's Kishore S/o Motilal First anticipatory bail application filed under Section 438 of Code of Criminal Procedure, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.537/2021 registered at Police-Station - Sarangpur, District - Rajgarh (MP) for the offence punishable under Section 339(Ga) of Madhya Pradesh Nagar Palika Adhiniyam, 1961.

3. As per prosecution story, the applicant is the owner of land bearing survey No.39/1/2/1 area 0.152 hectors who has sold the same to two persons which amounts to illegal colonization. According to the prosecution, the applicant was required to obtain the colonizer licence order of diversion, development works before selling the land. A show cause notice has been issued to him but he did not file any reply, therefore, FIR has been registered.

4. Learned counsel for the applicant submits that being an owner he has sold the land to two persons that does not amounts to a colonization. He was in need of money therefore he sold the land. There is no complaint in this case.

5. Learned counsel for the non-applicant/State opposes the bail application and prayed for rejection of the application.

6. In view of the law laid down by the Apex Court in the case

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.51428 OF 2021 (Kishore vs State of Madhya Pradesh)

of Arnesh Kumar vs State of Bihar reported in (2014) 8 SCC 273 which applies in this case and the Hon'ble Apex Court in the latest judgment directed not to arrest the accused in which maximum punishment is seven years.

7. Keeping in view the facts and circumstances of the case, the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of arresting officer. This order shall be governed by the following conditions:-

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required.

(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any police officer;

(c) if the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled.

Certified copy as per Rules.

                                                      (PRANAY VERMA)
 Arun/-                                               VACATION JUDGE

ARUN NAIR
2021.12.27
19:41:12 +05'30'