Anil Kumar Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 13861 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                 BEFORE
                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                         ON THE 27th OF OCTOBER, 2022

               MISC. CRIMINAL CASE No. 49086 of 2022

        BETWEEN:-
        ANIL KUMAR GUPTA S/O LATE VANSHGOPAL
        GUPTA, AGED ABOUT 47 YEARS, OCCUPATION:
        AGRICULTURIST R/O VILLAGE KOTARKALA
        POLICE LINE, P.S. KOTWALI, SIDHI, DISTRICT
        SIDHI (M.P.) (MADHYA PRADESH)

                                                                 .....PETITIONER
        (BY MR. MANISH DATT, SR. ADVOCATE WITH MR. MAYANK
        SHARMA, ADVOCATE)

        AND
        THE STATE OF MADHYA PRADESH THROUGH
        P.S. KOTWALIL SIDHI DISTRICT SIDHI (M.P.)
        (MADHYA PRADESH)

                                                               .....RESPONDENTS
        (BY MR. ATMA RAM BAIN, DY. GOVT. ADVOCATE)

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

This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

Applicant has been arrested on 25.09.2022 in connection with Crime No.706/2022 for offence under Sections 420, 465, 467, 468, 471 of IPC registered at Police Station-Kotwali, District-Sidhi (M.P.).

Learned Sr. counsel appearing for the applicant submitted that applicant is having civil dispute with complainant. In civil suit, complainant was not successful, thereafter, he had lodged criminal complaint as an afterthought. It is

submitted that there is civil dispute between the parties, which has been given criminal colour. Learned Sr. Counsel also relied on Annexure-A/3, which is a judgment and decree dated 31.12.2015, in which, applicant is defendant no.16. Civil suit, which was filed for declaration permanent injunction, mandatory injunction and mesne profit was dismissed. Later on, complaint has been filed by complainant. In these circumstances, counsel for applicant prays for grant of bail to the applicant.

Learned Government Advocate appearing for the State opposed the application for grant of bail and it is submitted that applicant had sold more area than he was owner. It is submitted that he has done so intentionally and,

therefore, had criminal intention at the time of executing the sale-deed. In view of same, offences are made out against the applicant and, therefore, application for grant of bail to applicant may be dismissed.

Heard the counsel for the parties.

Transaction between parties took place between 2002-09. Thereafter, civil suit was also filed between parties and later on FIR has been registered.

Considering the aforesaid facts and circumstances of the case, bail application filed by the applicant, is allowed. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE NEETI TIWARI

nd Digitally signed by NEETI TIWARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=af64e61ba033dfa7ef59df9305ec612a98705d7d2db82017cf709acdcbdf3826, pseudonym=22F820B687081CFC14112B57942E8ABC857460B6, serialNumber=304BEAA8FAFE126BF3303015380B5E8C852FC22A9F3F4AD18B702B4A341F8849, cn=NEETI TIWARI Date: 2022.10.27 17:34:04 +05'30'