Madhya Pradesh High Court
Nitesh vs The State Of Madhya Pradesh on 11 June, 2021
Author: Vivek Rusia
-1- MCRC No.23348/2021
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.23348/2021
Nitesh s/o Radheshyam Agrawal vs. State of M.P
11.06.2021
: (INDORE):
Shri Vivek Singh, learned counsel for the applicant.
Shri Mukesh Sharma, learned Panel Advocate for the State.
Heard through video conferencing.
This is first application filed under section 438 Cr.p.C seeking
anticipatory bail as the applicant apprehends his arrest in connection
with Crime No.12/2021 registered at police station Sendhwa, district
Barwani for the offence punishable under sections 420 & 465 of the
IPC.
As per prosecution case, on 06.01.2021 the SDO (Revenue),
Sendhwa lodged an FIR in the police station Sendhwa City alleging
that the applicant is the owner of agricultural land bearing survey
No.107/06 situated at village Navalpura and in the revenue record the
said land is registered as barren land whereas he tampered the record
and sold 54.55 quintals of cotton to the Indian Cotton Corporation Ltd.
by showing the land as irrigated land.
Learned counsel for the applicant submits that before
registration of the FIR the SDO called the applicant by issuing a
notice. The applicant appeared and submitted all the documents. and
despite that the FIR has been registered. The arrest of the applicant is
not required in the matter in view of the law laid down by the Apex
Court in the case of Arnesh Kumar vs. State of Bihar reported in
(2014) 8 SCC 273. The applicant is ready to cooperate with the
investigation.
Learned Panel Lawyer opposes the application.
The law laid down by the Apex Court in the case of Arnesh
Kumar is not in dispute and recently the Division Bench in Suo Moto
Writ Petition (c) No.1/2020 has directed for strict compliance of the
judgment in the case of Arnesh Kumar (supra) during this corona
-2- MCRC No.23348/2021
period and to avoid the arrest of the accused where the punishment is
less than 7 years.
Keeping in view the overall facts and totality of the
circumstances, without commenting on the merit of the case, the
application is allowed. The I.O is directed to issue a notice under
section 41 Cr.P.C for appearance of the applicant before him in the
week commencing 21.06.2021 and on receipt of the notice he shall
appear before the I.O who shall record his statement, collect the
material and thereafter he shall be released on bail by furnishing
personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) to
the satisfaction of the 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 from 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; and
(d) he shall not leave the territory of India without the prior
permission of the Court.
C.c as per rules.
(VIVEK RUSIA)
JUDGE
Digitally signed by HARI KUMAR
hk/ C G NAIR
Date: 2021.06.11 15:33:42 +05'30'
