Mulchand Verma vs The State Of Madhya Pradesh
2021 Latest Caselaw 7882 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       M.Cr.C. No.52050/2021
                  (Mulchand Verma Vs. State of M.P.)
                                                                     -1-
Indore, dated 26/11/2021
        Shri Vibhor Khandelwal, learned counsel for the applicant.
      Ms. Seema Maheshwari, learned Panel Lawyer for the
respondent/State.

Case-diary perused.

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.748/2021 registered at Police Station- Bhanwarkuan, District-Indore (MP) for offence punishable under Sections 406, 420, 467, 468 and 471 and 120-B of IPC. The applicant is in custody since 28.09.2021.

02. As per prosecution story, the applicant has illegally purchased a plot in the colony developed by M/s. Ganesh Enterprises through its partners, who executed a registered sale deed dated 05.12.2018 in favour of the applicant in respect of plots bearing Nos.119 and 120 ad-measuring 400 Sq Fts. and 800 Sq. Fts. respectively in the land bearing survey No.393 ad-measuring 1.263 Hectare situated at village-Piplyarao registered in the name of Shri Gutkeshwar Mahadev Temple. With the conspiracy of the priest of the temple and with intention to cause huge loss to the government, they prepared forged and fabricated documents for the purchase of the said land.

03. Learned counsel for the applicant contended that applicant is innocent person and he has been falsely implicated in this offence. The applicant has never tried to sell the aforesaid land of the government temple. The applicant is regularly paying municipality tax and electricity bills and other charges of the house constructed on the plots. Demarcation of the land was also wrongfully done and no HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M.Cr.C. No.52050/2021 (Mulchand Verma Vs. State of M.P.)

notice or enquiry was conducted by the revenue authorities. The applicant is in custody since 28.09.2021 and he is permanent resident of district-Indore. If the applicant is granted bail, he will neither temper with the evidence nor will threaten any witness. Learned counsel has placed reliance upon a judgment delivered by Hon'ble Supreme Court in the case case of Mohammad Ibrahim and others Vs. State of Bihar and another, reported in 2009 (8) SCC, 751. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

04. Per contra, learned panel lawyer for the respondent - State opposes the bail application and prays for its rejection by submitting that sufficient evidence are available against the applicant, hence, the applicant does not deserve to be enlarged on bail.

05. Perused the case-diary as well as the impugned order passed by the trial court.

06. Considering the facts and circumstances of the case and the nature and gravity of the allegation and also taking into note of the fact that the applicant had purchased the concerned land from M/s. Ganesh Enterprises through its partners and as per revenue record, the land, which was purchased by the applicant was given to the government temple and other co-accused persons are still absconding, hence, in view of the evidence available on record, this Court is not inclined to grant bail to the applicant, accordingly, the present application is dismissed.

Certified copy as per rules.

(Anil Verma) Judge N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.11.30 19:28:39 +05'30'