SUBHASH GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 438 of the Cr.P.C. for grant of bail relating to FIR No. 26 of 2023 registered at Police Station Civil LInes, District Datia (M.P.) for the offence under Ss. 420, 467 and 406 of IPC. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. This is a case of civil nature, however, complainant is trying to give it colour of criminal case. It is further argued that it is not in dispute that an agreement to sale in respect to disputed property has been executed between Ravindra, Sanjay and Nisha with present applicant - accused on 14/11/2018 and applicant - accused after execution of agreement to sale handed over the possession of land on which some shops have been built by the complainant as per her own statement. When applicant received a notice in May, 2019, he sent his reply on 22/5/2019, however, rest of the amount was not paid to him as per agreement to sale, therefore, sale deed has not been executed. Instead of filing of civil suit for specific performance after expire of three years period, this FIR is lodged. Under these circumstances, he is entitled to get the benefit of anticipatory bail. Further argument is that applicant is the permanent resident of District Bhopal (M.P.) having no criminal antecedents and there is no possibility of his absconsion or tampering with the prosecution evidence. On these grounds, he prays for grant of anticipatory bail to the applicant.

(2.) On the other hand, learned State counsel opposed the application and prayed for its rejection. Heard learned counsel for the rival parties and perused the case diary available on record.

(3.) Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and that in the event of arrest, the applicant be released on bail on executing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand) with two solvent sureties in the like amount to the satisfaction of the Arresting Officer/Investigating Authority.