IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT th ON THE 7 OF MARCH, 2024 MISC. CRIMINAL CASE No. 7692 of 2024 BETWEEN:-

SMT. ARCHANA LUNAWAT W/O GAUTAM LUNAWAT, AGED ABOUT 60 YEARS, R/O NIRANJAN WARD KARELI TEHSIL-KARELI DISTRICT NARSINGHPUR (MADHYA PRADESH)

.....APPLICANT (BY SHRI SANKALP KOCHAR - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KARELI DISTRICT NARSINGHPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI JAYANT NEEKHRA - ADVOCATE FOR THE OBJECTOR AND SHRI G.S. THAKUR - GOVERNMENT ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

This is first bail application filed by applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.732/2022 registered at Police Station-Kareli, District-Narsinghpur (MP) for the offence under Sections 420, 467, 468, 471, 34 of the IPC.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. She is a woman aged about 60 years. Co-accused namely Dadu Kahar, Gautam Lunawat have been released on bail. In order dated 17.02.2024 passed in MCRC No.6876/2024, it Signature Not Verified Signed by: SHABANA has been mentioned that Gautam Lunawat has purchased land from Kharagram Kahar, Mohan, Dabbu, Kallo Bai, Faggu, Gulab, Nanhe. It was stated that applicant was not aware that lease of said persons were cancelled. Applicant has purchased land by registered sale deed. Registered sale deed is not cancelled. Applicant herself is victim of cheating. In these circumstances, co- accused Gautam Lunawat was granted bail. Applicant in this case is wife of Gautam Lunawat. Her role is similar to that of co-accused Gautam Lunawat.

3. Learned Government Advocate appearing for the State and Objector opposed the anticipatory bail application. It is submitted that record of applicant is tainted. In year 2019 also one FIR was registered against applicant in connection with Crime No.511/2019. It is also submitted that applicant was aware that land in question is a Government land. Objector namely Sukhdev who is purchaser of land has got possession of only 10 acres of land out of total 32 acres of land purchased by him. Other farmers were opposing his possession and he could not get possession of same. In these circumstances, application for grant of anticipatory bail may be dismissed.

4. Heard learned counsel for the parties.

5. Dispute between the parties is having civil colors.

6. Considering the aforesaid facts and circumstances of the case, I find it a fit case where benefit of anticipatory bail can be granted to the applicant, anticipatory bail application filed by applicant, is allowed.

7. It is directed that in the event of arrest of applicant by the police in the aforesaid crime, applicant shall be released on bail on her furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety and security in the like amount to the satisfaction of the Arresting officer Signature Not Verified Signed by: SHABANA (Investigating Officer) for her regular appearance before the Police during the investigation or before the Court during trial.

8. 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

and

6. The applicant will not leave India without previous permission of the tri