Sushrut Arvind Dharmadhikari, J
The applicant has filed this first application u/S. 439, Cr.P.C. for grant of bail.
The applicant has been arrested on 26.09.2022 by Police Station Kotwali, District Sehore (M.P.) in connection with Crime No.298/2022, registered in
relation to the offence punishable under Sections 420, 467, 468, 471 r/w section 34 of the IPC.
The prosecution story, in nutshell, is that the complainant namely Azhar Qureshi submitted an application-cum-complaint alleging that the house
bearing nazul sheet No. 98, Bhukhand Kramank 41, area admeasuring 206.50 square meter situated in Brigade Road, District Sehore (M.P.) which is
recorded in the name of Kallu Khan who is grandfather of the complainant. It is further alleged that on 14.09.2000, forged Hibanama was prepared by
co-accused Lateef Khan and Rafeeq Khan (both died) in respect of 16x54 = 864 sq. ft. and has been given to them by Kallu Khan by way of hiba.
On the basis of the said complaint Crime No.298/2022 has been registered against the number of persons.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He is in custody since 26.09.2022.
The dispute is between the complainant and co-accused's father. The dispute is purely of civil nature which is given the colour of criminal nature.
Applicant is permanent resident of District Sehore (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence if he is
released on anticipatory bail. He is ready to abide by the terms and conditions as may be imposed by this Court. He further submits that what ever the
outcome of the civil suit the same shall be followed in accordance with law. With the aforesaid submissions, prayer for anticipatory bail is made.
Per-Contra, learned counsel for the State opposed the application and submitted that there are 12 criminal antecedents against the applicant and
prayed fo r its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case and looking to the coupled with the fact that the trial is not likely to conclude in near future
and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, 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.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the
trial Court/committal Court for his appearance on the dates given by the concerned Court.
T h e applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars,
as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social
distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;
4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the trial court concerned for compliance.
Certified copy as per rules.
