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SATYENDRA KUMAR SINGH
Jitendra And Kamal – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is the first application filed under section 438 of the Cr.P. C. for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.450/2021 registered at Police Station Ghatia District Ujjain for commission of offences punishable under Sections 420/34 of IPC.
Prosecution story, in brief, is that applicants along with other co-accused persons with an intent to cheat government sold their irrigated agricultural land to the purchaser mentioning the same as unirrigated in the sale deed executed by them and did not deposited the Registration fees, accordingly.
Learned counsel for the applicants submits that applicants are illiterate men and the said sale deed was not got prepared by them, it is the purchaser, who are the real beneficiaries in the matter and they got prepared the sale deed. It is further submitted that the other co-accused persons have already been granted anticipatory bail by this Court vide order dated 8.12.2021 passed in MCRC.No.59724/2021 (Kalabai and Lila Bai Vs. State of M.P.)
applicants' case is similar to that of co-accused persons Kalabai and Lila bai. applicants are innocent and
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of the allegations, the circumstances of the case, and the willingness of the....
The court balanced the need for custodial investigation with the protection of the petitioners' personal rights in granting anticipatory bail.
The court may grant anticipatory bail based on factors such as the age of the applicant and the lack of overt act in the alleged offence.
The main legal point established is that the police should resort to arrest only when necessary and the accused fails to cooperate in the investigation, as per the principle laid down in arnesh Kumar....
Anticipatory bail granted where no criminal offence is established and the matter is primarily civil in nature.
The predominantly civil nature of a dispute and the lack of previous criminal history of the applicant can be considered in granting anticipatory bail.
The main legal point established in the judgment is that delay in filing an FIR, along with the content of relevant documents and the scope of Section 438 of the Cr.P.C., can be valid considerations ....
The court emphasized that anticipatory bail must balance individual rights against the seriousness of allegations, particularly in cases involving forgery and fraud in land transactions.
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