MATIN AHMED Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application under Section 438 Cr.P.C.for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.125/2020 registered at P.S., Y.D.Nagar, District Mandsaur under Section 420, 467, 468, 471, 120(B), 34 of IPC.

(2.) As per prosecution story, the main accused Ehsaan initially entered an agreement with one Subhash Gupta on 6.3.2013 in respect of land survey No.1216/1 admeasuring 0.07 Hectares and 1217/1 admeasuring 0.18 Hectares in village Multanpura, District Mandsaur. However, since the sale deed was not executed within a period of limitation Subhash Gupta has filed civil suit for specific performance on 2.2.2017. Thereafter, Ehsaan executed a sale deed without disclosing about the agreement dated 6.3.2013 and pendency of civil suit. Thereafter, he also prepared Gift Deed in favour of his wife Raeesa Bi. The present applicant was shown as witness to the Gift Deed. Accordingly, case has been registered.

(3.) Learned counsel for the applicant submits that he had no knowledge about the alleged agreement, suit for specific performance and the sale deed referred above. Since the main accused Ehsaan was known to him and required him to sign the documents, he has appended his signatures as witness in Gift Deed. The applicant has no criminal antecedents. The applicant has fallen in the trap laid by Ehsaan and without knowledge.The co- accused Mohd Khalik who was also a witness to the gift deed has already been enlarged on bail by this Court by order dated 16.07.2020 passed in M.CrC. No. 20417/2020 . If the applicant is arrested, then he shall suffer social indignation and mental trauma, therefore, prays for protection against arrest.