Madhya Pradesh High Court
Virendra Singh Kirar vs The State Of Madhya Pradesh on 13 May, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 13th OF MAY, 2022
MISC. CRIMINAL CASE No. 20339 of 2022
Between:-
VIRENDRA SINGH KIRAR S/O SHRI BAHADUR
SINGH KIRAR , AGED ABOUT 40 YEARS,
OCCUPATION: AGRICULTURIST R/O- VILLAGE
GIDAGARDH, THANA SALAMATPUR TEHSIL
AND DISTRICT- RAISEN (M.P.) (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI VIJAY KUMAR PANDEY-ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION RAISEN (M.P) DISTRICT-
RAISEN (M.P.) (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI A. RAJESHWAR RAO- GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application under Section 438 of Cr.P.C. for grant of
anticipatory bail.
T h e applicant apprehends his arrest in Crime No.538/2018
registered by Police Station Raisen, District Raisen (M.P.) for offence
punishable under Sections 420 and 34 of the Indian Penal Code.
Signature Not Verified
SAN
It is alleged that the applicant has purchased the land belonging to the
Digitally signed by TAJAMMUL HUSSAIN
KHAN
State Government in the year 1999 and subsequently sold the same in the year
Date: 2022.05.13 19:48:13 IST
2012-2013 to one Puneet Jain. The land was recorded as Government land
(non-transferable) since 1973.
I t is submitted that the applicant is innocent and has falsely been
implicated in the case. He has not committed any offence in any manner. The
notice under Section 41-A of the Cr.P.C. has been issued to the applicant and
he has co-operated in the investigation. As the applicant has co-operated in the
investigation in pursuance to the notice issued under Section 41-A of the
Cr.P.C. there is no requirement of taking the applicant in custody. Applicant is
a first offender and prays for grant of anticipatory bail. He has placed reliance
upon the judgment passed by the Hon'ble Supreme Court in the case of
Satender Kumar Antil vs Central Bureau Of Investigation special petition
no.5191/2021 decided on 28 July, 2021 wherein, Hon'ble Supreme Court
considering the category and types of offences and also placing reliance upon
the judgment passed in the case of Siddharth vs. State of Uttar Pradesh &
Anr. (Criminal Appeal No.838/2021), 2021 SCC OnLine SC 615) and further
placed reliance upon the judgment passed in the case of Sanjay Chandra v.
Central Bureau of Investigation reported in 2012 (1) SCC 40 has
considered the aspect regarding determination whether to grant bail to both
aspects have to be taken into consideration. Seriousness of the charge and
severability of the punishment. It is further submitted that the applicant is ready
to abide by all the terms and conditions that may be imposed by this Court
while granting anticipatory bail. On these grounds, he prays for granting of
anticipatory bail to the applicant.
Per contra, counsel appearing for the State has vehemently opposed the
Signature Not Verified
SAN
application stating that the applicant has purchased and sold the Government
Digitally signed by TAJAMMUL HUSSAIN
KHAN
land, but he could not dispute the fact that the notice under Section 14-A of the
Date: 2022.05.13 19:48:13 IST
Cr.P.C. has been issued to the applicant and he has co-operated in the
investigation and there is no criminal past of the applicant.
Heard the learned counsel for the parties and perused the case diary.
Considering the over all facts and circumstances of the case, without
commenting upon the merits of the case, this Court deems it appropriate to
allow this application for grant of anticipatory bail subject to verification of
the fact that the applicant is the first offender. 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/- (Rupees Fifty thousand only) with one local solvent
surety in the like amount to the satisfaction of Arresting Officer.
T he applicant is directed to mark his presence before the concerning
Police Station in first week of every month and is directed to cooperate in
investigation. In case of failure to cooperate, the bail granted by this Court shall
stand rejected automatically.
This order will remain operative subject to compliance of the following
conditions by the applicant :-
1. The applicant/s will comply with all the terms and conditions of the
bond executed by him/them;
2. The applicant/s will cooperate in the investigation/trial, as the case may
be;
3 . The applicant/s will not indulge himself/themselves in extending
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade them/her/him from disclosing such facts to the Court or
Signature Not Verified
SAN
to the Police Officer, as the case may be;
Digitally signed by TAJAMMUL HUSSAIN
4. The applicant/s shall not involve any other offence, in case the
KHAN
Date: 2022.05.13 19:48:13 IST
applicant/s indulge in any other criminal case the benefit of bail as extended by
this Court shall automatically cancelled.
5. The applicant/s will not seek unnecessary adjournments during the trial;
6. The applicant/s will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
7. The applicant/s 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.
Application stands allowed and disposed of.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.05.13 19:48:13 IST
