Smita Pandey vs Kiran Gupta
2024 Latest Caselaw 14239 MP

Madhya Pradesh High Court

Smita Pandey vs Kiran Gupta on 15 May, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                                ON THE 15 th OF MAY, 2024
                                       MISC. CRIMINAL CASE No. 14518 of 2024

                         BETWEEN:-
                         SMITA PANDEY W/O LATE SANJAY PRABHAKAR
                         PANDEY, OCCUPATION: HOUSE WIFE R/O 22 GLOBAL
                         GARDEN CITY, BHOPAL (MADHYA PRADESH)

                                                                                          .....APPLICANT
                         (BY SHRI AJAY GUPTA - SENIOR ADVOCATE WITH SHRI RAJEEV MISHRA
                         - ADVOCATE)

                         AND
                         1.    KIRAN GUPTA W/O ANUP GUPTA R/O E-2/235
                               AARERA COLONY, BHOPAL (MADHYA PRADESH)

                         2.    NITIN GUPTA S/O ANUP GUPTA R/O- E-2/235,
                               ARERA COLONY, BHOPAL, (MADHYA PRADESH)

                         3.    STATE OF MADHYA PRADESH THROUGH POLICE
                               S T A T I O N HABIBGANJ, BHOPAL (MADHYA
                               PRADESH)

                                                                                      .....RESPONDENTS
                         (SHRI SOURABH BHUSHAN SHRIVASTAVA - ADVOCATE FOR
                         RESPONDENT NO. 1 & 2 AND SHRI SANJAY SINGH PARIHAR -
                         GOVERNMENT ADVOCATE FOR RESPONDENT NO.3 )

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

This is first anticipatory bail application under Section 438 of the Cr.P.C filed by the applicant is a lady who is apprehending her arrest on the basis of cognizance taken by the trial Court on private complaint filed by respondents No. 1 & 2.

2. It is the submission of learned counsel for applicant that her husband husband entered into an agreement to sale a property to respondents No. 1 & 2. But by the adverse circumstances, the said property could not be sold in favour of respondents No. 1 & 2 and the property which was mortgaged with the Bank was taken by the said Bank. This fact regarding mortgage was already known to the respondents No. 1 & 2 and finds place in the agreement. However, due to adverse circumstances, they could not pay the amount and Bank auctioned the property. For refund of money, a civil suit was filed by respondents No.1 & 2 and they already got a decree in their favour. First Appeal is pending consideration. Since, primarily it is a civil dispute, therefore, earlier Magistrate

declined to take cognizance. However, later on, by the direction of revisional Court case has been registered and cognizance has been taken. Therefore, applicant is apprehending her arrest. Hence, present application is filed for anticipatory bail.

3. Learned counsel for the respondents No. 1 & 2 opposed the prayer but does not dispute the aforesaid facts. He fairly submits that matter primarily originates from civil transaction.

4. Heard the counsel for the parties and perused the documents appended thereto.

5. Considering the rival submissions and facts that primarily it is a civil dispute and as per the judgment of this Court in the case of Shrichand Bhau vs. State of M.P., passed in M.Cr.C. No.3315 of 2023 (Gwalior Bench) 2023 SCC OnLine MP 2077, without expressing any opinion on the merits of the case, this Court intends t o allow the application, therefore, it is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand

Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/Investigating Officer.

6. This order will remain operative subject to compliance of the following conditions by the applicant:-

(i) The applicant will comply with all the terms and conditions of the bond executed by him;

(ii) The applicant will cooperate in the investigation/ trial, as the case may be;

(iii) The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be.

(iv) The applicant shall not commit an offence similar to the offence of which she is accused;

(v) The applicant will not seek unnecessary adjournments during the trial;

(vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

(vii) The applicant would not involve in any criminal activity in future otherwise, benefit of bail shall immediately be withdrawn.

7. Application stands allowed and disposed of.

8. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules

(ANAND PATHAK) JUDGE mc