Abhiyendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6168 MP

                                                                        1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                     BEFORE
                                                    HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                               ON THE 26th OF APRIL, 2022

                                                     MISC. CRIMINAL CASE No. 18885 of 2022

                                          Between:-
                                          ABHIYENDRA          SINGH    S/O    SHRI
                                          PRAKASHNARAYAN SINGH, AGED ABOUT 33
                                          YE A R S , OCCUPATION: SELF EMPLOYED R/O
                                          RAMPUR BAGHELAN, SATNA, PRESENTLY R/O
                                          HOUSE NUMBER 87, IDEAL STATE, NARMADA
                                          ROAD, JABALPUR (MADHYA PRADESH)

                                                                                                      .....APPLICANT
                                          (BY SHRI SANKALP KOCHAR, ADVOCATE)

                                          AND

                                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                                          E.O.W DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                                    .....RESPONDENT
                                          (BY SHRI MADHUR SHUKLA, STANDING COUNSEL)

                                        This application coming on for admission this day, the court passed the
                                  following:
                                                                         ORDER

This is the first application under Section 438 of Cr.P.C. for grant of

anticipatory bail. Applicant Abhiyendra Singh apprehends his arrest in connection with Crime No.9/2017 registered at Economic Offence Wing, Jabalpur for the offences punishable under Sections 420, 409, 120-B of the IPC read with Section 13(1)(d), 13(2) of the Prevention of Corruption Act.

As per the prosecution case complainant Ramdutt Gaud, who belongs to the tribal community, lodge a written complaint at Economic Offence Wing to the effect that his agricultural land bearing Khasra Nos.3, 8, 11, 13, 15 & 17 area 1.48 hectare, 0.36 hectare, 1.70 hectare, 1.14 hectare, 2.12 hectare & 0.84 hectare respectively (total area 7.64 hectare) is situated at village Jaigua Naigavan Tola, Tehsil Barhi. It was further averred that on 29/11/2007 the complainant being a member of Scheduled Caste/ Scheduled Tribe filed an application before the then Collector, Katni Smt. Anju Singh Baghel (co-accused) seeking permission to sell Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2022.04.27 16:59:01 IST the said land to co-accused Pawan Rao. In pursuant to the aforesaid application,

the then Collector Smt. Anju Singh Baghel (co-accused) vide order dated 03/02/2008 granted permission to the complainant to sell the aforesaid land to co- accused Pawan Rao for a sum of Rs.10,00,840/- (according to guideline). It was further averred that co-accused Smt. Anju Singh Baghel, the then Collector, Katni

hatched a conspiracy with co-accused Shailesh Guru (the then Sub-Registrar, Katni), co-accused Pawan Rao and applicant Abhiyendra Singh (son of co- accused Smt. Anju Singh Baghel) and fraudulently the land of the complainant was sold to applicant Abhiyendra Singh, instead of co-accused Pawan Rao and sale consideration of the said land was also not paid to the complainant. Thus, co- accused Smt. Anju Singh Baghel the then Collector, Katni, co-accused Shailesh Guru, the then Sub-Registrar, Katni misused their official position and they in connivance with applicant Abhiyendra Singh Baghel & co-accused Pawan Rao committed fraud with the complainant. On that EOW, Jabalpur registered Crime No.9/2017 for the offence punishable under Sections 420, 409, 120-B of the IPC and Sections 13(1)(d), 13(2) of the Prevention of Corruption Act against the applicant and co-accused. Thus, the applicant apprehends his arrest in the crime.

Learned counsel appearing on behalf of applicant submitted that the applicant is innocent and has falsely been implicated in the crime. The alleged registered sale deed was executed by the complainant himself on 20/02/2008, while complainant lodged the report in the year 2012. In the registered sale deed it is mentioned that after taking full consideration, the complainant has executed the said sale deed in favour of applicant Abhiyendra Singh. It is further submitted that the said offence was registered in the year 2017 and the applicant regularly appeared before the investigation officer during the long tenure of investigation. The investigation is over and charge-sheet has been filed, so custodial interrogation of the applicant is not required. The applicant is a young boy aged about 33 years. He has no criminal past. There is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready to cooperate in the trial. In the event of arrest, his reputation will be ruined. In the circumstances it is prayed that

Signature Not Verified the applicant be released on anticipatory bail. In support of his contention learned SAN

Digitally signed by ANURAG SONI counsel placed reliance on the judgments passed by Hon'™ble Apex Court in Date: 2022.04.27 16:59:01 IST

the cases of Satender Kumar Antil Vs. Central Bureau of Investigation &

Another, reported in (2021) 10 SCC 773 and the judgement passed by Coordinate Bench of this Court in M.Cr.C.No.3141/2022 (Pratik Jain Vs State of M.P.) decided on 07/02/2022.

Learned counsel for the respondent-EOW opposed the prayer and submitted that the applicant in connivance with co-accused Smt. Anju Singh Baghel the then Collector, Katni, co-accused Shailesh Guru, the then Sub- Registrar, Katni and co-accused Pawan Rao committed fraud with the complainant, so he should not be released on anticipatory bail.

The facts of the case of Satender Kumar Antil Vs. Central Bureau of Investigation (supra), relied upon by the learned counsel for the applicant do not match with the present case. In that case, the Hon'ble Apex Court did not lay down any principle regarding granting of anticipatory bail. Even in that case Hon'ble Apex Court also held that the seriousness of the charge and severity of the punishment imposed by the statute has to be taken into the account. Similarly, in the case of Pratik Jain Vs. State of Madhya Pradesh (supra) Coordinate Bench of this Court has not laid down any guideline regarding granting anticipatory bail. In fact, the respective Courts have granted bail to the accused persons considering the peculiar facts and circumstances of that case. So, those judgments do not assist the applicant much.

Looking to the facts and circumstances of the case and the fact that it is alleged that the applicant Abhiyendra Singh Baghel in connivance with other co- accused persons committed fraud with a poor person who belongs to Scheduled Caste / Scheduled Tribe community, this Court is not inclined to grant anticipatory bail to the applicant.

Accordingly, M.Cr.C. is rejected.

(RAJEEV KUMAR DUBEY) JUDGE as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2022.04.27 16:59:01 IST