B L MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant/accused under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail apprehending his arrest in connection with Crime No. 357/15 registered at Police Station, Civil Lines, Distt. Chhatarpurfor the offences punishable under Sections 384, 386, 294 and 506 r/w 34 of the IPC.

(2.) Learned counsel for the applicant/accused submits that the applicant/accused, the retired Deputy Collector, has been falsely implicated in this case as his brother-in-law Nilesh Dubey filed a writ petition No. 1959/13 against the State Government as well as the complainant Smt. Rashmi Agrawal for removal of her encroachment from the government land and in this regard an order dated 05-08-2015 was passed by this Court with the direction to the SubDivisional Magistrate, Chhatarpur to look into the matter and deal with the same expeditiously within a period of two months from the date of receipt of the certified copy of the order in accordance with the law. After that, encroachment proceedings were initiated against Smt. Rashmi Agrawal and other persons owing to which another report was lodged by someone against the applicant/accused for similar offences which was registered as Crime No. 295/15 and an order dated 15-10-2015 was passed by this Court in MCRC No. 14333/15 granting anticipatory bail to the applicant/accused. Moreover, when the applicant/accused was posted as Sub-Divisional Magistrate, he had lodged an F.I.R. bearing No. 281/13 against the complainant Smt. Rashmi Agrawal and her husband Rajesh Agrawal and the said F.I.R. was registered for the offences under Section 294 and 507 of the IPC. Counsel further pleads that as per allegations of the case diary, the applicant/accused tried to extort money from the complainant by threatening to kill her and abused her on phone. This story has been cooked up by the complainant on the basis of false and concocted facts. The alleged offence took place on 01-08-2015 but the report was lodged after a month i.e. 01-09-2015. Moreover, the alleged offences are not punishable with the imprisonment for more than seven years and there is no kind of recovery to be made from the applicant/accused in this case, hence he be granted anticipatory bail. Learned P.L. as well as counsel for the objector opposing the submissions made on behalf of the applicant/accused has prayed for rejection of the bail application.

(3.) Heard the arguments of both the parties and perused the case diary.