[Cites 5, Cited by 0]
Madhya Pradesh High Court
Ajay Kumar Shukla vs Sampat Kumar Shukla on 9 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:18419
1 MCRC-6150-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 9 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 6150 of 2026
AJAY KUMAR SHUKLA
Versus
SAMPAT KUMAR SHUKLA AND OTHERS
Appearance:
Shri Manish Datt - Senior Advocate with Shri Mayank Sharma -
Advocate for the applicant.
Shri Vijay Kumar Shukla - Advocate for the respondent No.1.
Shri C.K. Mishra - Government Advocate for the respondent
No.2/State.
ORDER
This is the first application filed by the applicant under Section 482 of
Bharatiya Nagrik Suraksha Sanhita, 2023 seeking anticipatory bail in
connection with Crime No.307/2024 registered at Police Station Chandiya,
District Umariya, for the offence punishable under Sections 420, 467, 468
and 471 of the Indian Penal Code.
2. Learned counsel for the applicant has submitted that the complaint
has been filed only on the basis that there was a previous dispute between the
applicant and the respondent No.1. In support of his contention, learned
counsel for the applicant has relied upon page Nos.58 to 91 of
NEUTRAL CITATION NO. 2026:MPHC-JBP:18419
2 MCRC-6150-2026
I.A.No.4493/2026 and submitted that regarding Survey Nos.1174 and 1172,
there was a dispute between the applicant's father and the father of
respondent No.2 and the land over which the PMRY has been constructed,
was purchased. Firstly, agreements were executed in the years 2017 and
2023 and the sale-deed was executed in favour of Kanti Bai Shukla. Learned
counsel for the applicant has also submitted a copy of consent letter executed
by Vyanktesh.
3. Learned counsel for the applicant has also submitted that nowhere in
the application, the applicant has given the detail, in which, he has to
construct the house. It is submitted that after enquiry, the benefit was granted
and the house has been constructed is a residential house, not a shop. Learned
counsel for the applicant has also submitted that under the same
circumstance, the Co-ordinate Bench of this Court has granted anticipatory
bail to Ajeet Kumar Shukla vide order dated 12.02.2026 passed in
M.Cr.C.No.6157/2026, hence, the applicant be granted the benefit of
anticipatory bail.
4. Learned counsel for the objector has opposed the bail application
and has submitted that the so called agreement was prepared as an
afterthought. The applicant willfully and to cheat the government authorities,
has not disclosed the survey number in his application, in which survey
number he has to construct the house and left the column blank and it can be
ascertained from the affidavit of the applicant. Receipt of Municipal
Corporation, Umariya is forged one and at the time of application, the
applicant was not the owner and he has proposed to construct the house in
NEUTRAL CITATION NO. 2026:MPHC-JBP:18419
3 MCRC-6150-2026
Survey No.1774/1, hence, it is clear that the applicant has misused and
cheated the government machinery and fund for his benefit and on that basis,
a criminal case was registered by the Court and by order dated 20.01.2026 in
M.Cr.C.No.51961/2024, the applicant's petition filed under Section 528 of
the BNSS has been dismissed that clearly established that the applicant has
committed an offence under Sections 420, 467, 468 and 471 of the
IPC. Hence, the applicant is not entitled to be released on anticipatory bail.
5. Learned counsel for the respondent/State has opposed the bail
application and submitted that the house for which the sanction was taken,
has not been constructed in the said land and instead of that about 1.5 Km
away on Survey No.1800/1, the house was constructed, therefore, it is clear
case of cheating. Hence, the applicant is not entitled to be released on
anticipatory bail.
6. Heard the parties and perused the case diary.
7. From the consent letter and subsequent sale-deed, it is clear that the
applicant became the owner of a piece of land of Survey No.1801/1.
Subsequently, the land was mutated in the name of Kanti Bai Shukla. It is
clear that in the application form for getting the benefit of Urban Housing
Scheme, there is no mention of land, in which, the applicant wanted to
construct the house and that place was left blank. After an enquiry, the
concerned Municipal Council/authority has given the benefit of construction
of the house and as per the report of C.M.O., Municipal Corporation
Umariya, it has been stated that they have awarded the sanction for
construction of the house on Survey No.1174/1 but it has been also stated
NEUTRAL CITATION NO. 2026:MPHC-JBP:18419
4 MCRC-6150-2026
that the house was constructed after the sanction of concerned authority and
construction has been completed. House construction, development and after
Jio Tagging, the amount was paid and after the sanction of the Collector and
approval of CMC on 27.12.2019 and Jio Tagging dated 13.06.2021, amount
was transferred in favour of the applicant.
8. Looking to these facts, if there was any change in the construction
site, it was the duty of the construction authorities also and in the affidavit,
the place has been left blank, it could not be inferred that from very
beginning, the applicant was not having intention to construct the house on
the so called marked place. Furthermore, from 17.08.2017 on the land in
which house has been constructed, the consent was granted by the owner to
construct new house after demolishing the older one. Therefore, this Court
deems it fit to enlarge the applicant on anticipatory bail. Hence, without
commenting anything on the merits of the case, the application is allowed.
9. It is directed that in the event of arrest the applicant shall be
enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like amount to
the satisfaction of the Arresting Officer for his appearance before him during
the course of investigation or before the trial Court concerned during trial, as
the case may be.
10. The applicant is directed to cooperate with the investigating
agency and also appear on the date and time directed by the Investigating
Officer.
11. The applicant shall not directly or indirectly induce or threaten any
NEUTRAL CITATION NO. 2026:MPHC-JBP:18419
5 MCRC-6150-2026
prosecution witness.
12. The applicant will regularly appear before the trial Court and
cooperate till disposal of this case.
13. It is further directed that the applicants shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
14. Accordingly, the application stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
VB*
