RAJIV LOCHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available.

(2.) This is repeat bail application filed by the applicant/accused under Section 438 of the Code of Criminal Procedure for anticipatory bail, apprehending his arrest in Crime No. 89/2016, Police Station -Kotwali, District Shivpuri (M.P.), offences registered under Sections 420, 467, 468, 471 of IPC. The first application filed by the applicant/accused was dismissed vide order dated 21.03.2016 passed in M.Cr.C. No. 2013/2016 as withdrawn.

(3.) Learned counsel for the applicant/accused submits that when the earlier application filed by the applicant/accused before this Court, documents pertaining to ceiling case were not produced on record, owing to which, it could not have been made clear that the allegations made against the applicant/accused are totally false and concocted. Counsel further contends that as per the prosecution story the survey Nos. 2, 3, 4, 5, 6, 7, 14, 15, 16, 19, 20, 21, 31, 33, 34 were sold by the applicant/accused to the complainant Chitralekha vide registered sale deed dated 15.06.1999 and when the said sale deed was executed by the applicant/accused in favour of the complainant, the applicant/accused suppressed the fact about pendency of ceiling case but no ceiling case was pending against him. After that in the year 2015 the ceiling case was instituted against the applicant/accused. Moreover, as per the M.Cr.C. No. 5697/2016 documents of the ceiling case, the survey numbers which were sold by the applicant/accused to the complainant are not involved in the said proceedings, therefore it cannot be construed that the complainant/purchaser was cheated by the applicant/accused in any manner. Moreover, the allegations made by the complainant to the effect that the applicant/accused had borrowed a loan on the land sold by him to the complainant are also false and baseless because the land sold to the complainant has not been mortgaged by the applicant/accused in any Bank for taking loan and no mortgage deed executed by the applicant/accused has been seized by the police from the Bank. In this manner, the said allegations do not have substance also, therefore the applicant/accused be granted anticipatory bail.