SHIVRAJ SINGH TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No.203 of 2023 registered at Police Station - Station Road, District Morena (M.P.) for the offence under Ss. 420, 467, 468, 471 and 120-B of IPC. Allegation against the present applicant is that he being posted as Patwari manipulated the records and got the land in dispute mutated in the name of Nathuram.

(2.) Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Dispute is of civil in nature. The mutation was recorded by him on account of order of Tehsildar dtd. 22/7/2022 which was passed on the basis of judgment dtd. 11/9/2019 passed by Civil Judge, Class II, Morena. Further argument is that the applicant is a government servant and is in custody since 15/5/2023. He has no criminal antecedents and is the permanent resident of District Morena (M.P.), therefore, there is no possibility of his absconsion or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicant. Per contra, learned counsel for the State as well as learned counsel for the complainant opposed the bail application and argued that mutation order was passed only on account of wrong information / report given by the present applicant - accused, therefore, he should not be granted bail.

(3.) Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.