Arun Thakur vs The State Of Madhya Pradesh
2022 Latest Caselaw 13788 MP

                                                      1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                            AT INDORE
                                                   BEFORE
                                       HON'BLE SHRI JUSTICE ANIL VERMA
                                          ON THE 18th OF OCTOBER, 2022

                                 MISC. CRIMINAL CASE No. 44412 of 2022

                          BETWEEN:-
                          ARUN THAKUR S/O
                          SHRI CHHATARSINGH,
                          AGED ABOUT 39 YEARS,
                          OCCUPATION: BUSINESS
                          R/O: 717 VILLAGE BUDHI BARLAI, TEHSIL
                          SANWER,    DISTRICT  INDORE  (MADHYA
                          PRADESH)

                                                                                     .....APPLICANT
                          (BY SHRI PRAMOD C. NAIR ADV.)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH
                          POLICE STATION EOW, DISTRICT INDORE
                          (MADHYA PRADESH)

                                                                                .....NON APPLICANT
                          (BY Ms. MAMTA SHANDILYA, GA)

                          (IO Inspector Shri K.C. Patidar, EWO, present in person)

                      This application coming on for orders this day, th e court passed the

             following:
                                                       ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 8.7.2022 in connection with Crime No.9/2019 registered at P.S. - EWO, Indore (M.P.) for commission of offence punishable under Section 420, 467, 468, 471, 120-B of IPC.

As per the prosecution story, co-accused Gajendra Kumar Jain has filed Signature Not Verified

an application before the SDM, Sanwer for permission of development of the Signed by: TRILOK SINGH SAVNER Signing time: 18-Oct-22 6:58:56 PM colony at his land bearing Survey No.330/1 and 330/2, admeasuring total 1.215

hectare situated at village Peer Karadiya. Plot Nos.11, 12, 22, 24, 27, 29 to 37, 46 and 53 were kept mortgaged before the competent authority in lieu of the development of the colony being completed by the colonizer, but after knowing the fact that mortgaged property cannot be sold out without the permission of the competent authority, present applicant along with Gajendra Kumar hatched a conspiracy for getting illegal benefit and fraudulently executed sale deed regarding the Plot No.51 and 53 in the name of Parvati Bai and Anita Bhadoriya. Girish Jain also forgedly signed on behalf of Gajendra Jain. Accordingly offence has been registered against Gajendra Kumar and present applicant Arun Thakur.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 8.7.2022. Complainant Parvati Bai further bounced the cheque and started blackmailing the applicant with regard to that, therefore, applicant has initiated a Civil Suit No. RCS/28A/2019 against Parvati Bai. Complainant Anita Thakur also lodged a false complaint under Section 376(2)(n) of IPC against the present applicant. Applicant also initiated a case under Section 138 of Negotiable Instruments Act against the husband of complainant Anita Thakur before the JMFC, Dewas, in which husband of the complainant Anita has been found guilty vide judgment dated 30.11.2021. Co-accused Gajendra Kumar Jain has been granted interim relief by the Hon'ble Apex Court vide SLP (Cri) No.006565/2022. No offence is made out against the present applicant. Investigation is over and charge sheet has been filed. No pecuniary loss has

Signature Notbeen Verifiedcaused to the government. Applicant has also offered both the Signed by: TRILOK SINGH SAVNER complainants to buy-back the plots, but just to extort money from the applicant Signing time: 18-Oct-22 6:58:56 PM

a false complaint has been made against him. Hence, he prays that applicant be released on bail.

Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection by submitting that prima facie sufficient evidence is available against the present applicant regarding the aforesaid crime, therefore, he does not deserve for bail.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicant did not file any relevant document regarding the redemption of mortgage deed in respect of the aforesaid disputed plots, present applicant also signed as a witness on the mortgage deed, therefore, it cannot be assumed that he has no knowledge regarding the said mortgage, applicant remained absconded since 2019 till 8.7.2022, the Hon'ble Apex Court has granted interim relief in favour of the co-accused Gajendra Kumar that no coercive action shall be taken against the Gajendra Kumar until further order but the case of the present applicant is not similar with the co- accused Gajendra Kumar, therefore, in view of the prima facie evidence available on record, at this stage this Court is not inclined to grant bail to the applicant.

Accordingly, this M.Cr.C. is hereby dismissed.

C.C. as per rules.

Signature Not Verified
                                                                           (ANIL VERMA)
Signed by: TRILOK SINGH
SAVNER                                                                        JUDGE
Signing time: 18-Oct-22
                trilok
6:58:56 PM





Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 18-Oct-22
6:58:56 PM