SUNIL KUMAR UPADHYAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 438 Cr.P.C. for grant of anticipatory bail to applicant Sunil Kumar Upadhyay who is apprehending his arrest in connection with Crime No.108/2023 for the offences punishable under Sec. 379 of IPC registered at Police Station Dabra Dehat, District Gwalior (Madhya Pradesh).

(2.) The applicant is apprehending his arrest in this aforesaid case. He is a Priest of the Mahadev Temple at Village Simariya Tal, Tehsil Dabra District Gwalior. Learned Senior counsel appearing on behalf of the applicant submits that the applicant was appointed as the priest of the temple after his grand father passed away who was the erstwhile priest in the same temple. He further says that there is a land adjoining the temple with the priest used to cultivate and the crop therefrom was used for sustenance of the priest. The case of the prosecution is that the said land was attached by the Tehsildar and thereafter, the standing crop was given in supurdigi to the Kotwar Uttam Singh. The allegation against the applicant herein is that during the intervening night of 9/4/2023, the applicant is alleged to have harvested the crop and appropriated the same to his use. This appears in the 161 statement of the Kotwar. However, Kotwar says that he is the witness to the applicant harvesting the crop standing on the land that was attached adjoining the temple.

(3.) Under the circumstances, the application is allowed. It is directed that if the applicant herein is arrested by the Arresting Officer, he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer.