ANIL SAPKALE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing.

(2.) This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. The applicant is in custody since 08.02.2020 in connection with Crime No. 42/2020 registered at P.S. Kotwali, District Chhatarpur (MP) for the offence punishable under Sections 307,336,452,427,506 read with Section 34, 120-B, 193, 182, 211 of IPC and Section 3 of Lok Sampatti Nivaran Adhiniyam and Sections 25 and 27 of the Arms Act.

(3.) As per prosecution case, the present applicant orchestrated the entire incident and misused his authority to lodge a false case by concocting the story about him being attacked while discharging his official duties and his office and vehicle been sabotaged by unknown assailants. Shri Sankalp Kochar, learned counsel for the applicant submits that the applicant himself has filed FIR on 05.02.2020 registered at Crime No.42/2020 against unknown persons stating that they were heavily armed with weapons like lathis and destroyed his office furniture and vehicle and threatened him with dire consequences. He further submits that the applicant has been falsely implicated for the reason that he had taken strict action against the land mafias and lodged an FIR against them, as a result of which they were holding grudge against him. He further submits that these land mafias are influential persons and to keep him away from Chhatarpur, got him transferred to Sagar. The transfer order dated 06.09.2019 was stayed by this Court in WP No. 15964/2019 on 13.08.2019. He submits that as the aforesaid order passed by this Court was not complied with, the applicant was constrained to file a Contempt Petition No. 2353/2019 wherein this Court has pleased to allow the applicant to continue at Chhatarpur. Aggrieved by which, the land mafias in connivance with the police officials crystallized a new story to implicate the applicant in the present case. Learned counsel further submits that the applicant has been made an accused on the basis of memorandum of one of the co-accused. It is submitted that the other co-accused have already been released on bail by the trial Court. He submits that due to registration of the aforesaid case, he has been suspended and attached to District-Sagar vide order dated 07.02.2020. It is stated that the investigation is complete and the challan has already been filed on 24.04.2020. In the circumstances, there is no likelihood of applicant tampering the evidence and prays for grant of bail.