SHIVRAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have filed this first application u/S.438 Cr.P.C . for grant of anticipatory bail as they have apprehension of their arrest in connection with Crime No.225/2020 registered at Police Station Chanderi, Distt. Ashoknagar for the offences punishable under Sections 420 , 467 , 468 , 120-B of IPC, 1860.

(2.) It is submitted by the counsel for the applicants that the applicants are govt. servants. It is submitted that as per prosecution story, they are the witnesses in the so-called conspiracy being created for registration of sale deed. They are neither the purchaser nor the seller of the property in dispute. The main accused Sandeep Shrivastava has already been enlarged on bail by the trial Court under Section 439 of Cr.P.C. by order dated 05.06.2020. With respect to the sale deed, a civil suit was filed before the trial Court and it was decreed by judgment dated 19.12.2019 on the basis of compromise entered into between the parties and the sale deed has been declared to be null and void. It is further submitted that the applicant are govt. servants and they are ready to abide by all the terms and conditions which may be imposed by this court while considering the application for grant of anticipatory bail and also are ready to contribute an amount of Rs.5000/- each towards the PM Care Fund. There is no possibility of their absconding or tampering with the prosecution case. Counsel for the applicants prays for grant of anticipatory bail to the applicants.

(3.) Per contra, Dy. Advocate General for the State opposed the application stating that there are specific allegations against the present applicants and they have signed the sale deed as witnesses. But the factum that they being govt. servant could not be disputed. However, he submits that it is clear from the judgment and decree of the civil suit itself that there is some conspiracy and the applicants are participated in the conspiracy.