IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 4 OF JULY, 2023 MISC. CRIMINAL CASE No. 27920 of 2023 BETWEEN:-

ARVIND KUMAR JAIN S/O LATE SHRI GENDALAL JAIN, AGED ABOUT 55 YEARS, R/O VILLAGE DHARNAVADA, TEHSIL RAGHOGARH, GUNA (MADHYA PRADESH)

.....APPLICANT (BY SHRI RAJMANI BANSAL- ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION DHARNAVADA, GUNA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAJENDRA SINGH YADAV- PUBLIC PROSECUTOR )

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

ORDER

This is the first application u/S.438 of Cr.P.C filed by the applicant who is apprehending his arrest in connection with Crime No.21/2023 registered at Police Station-Dharnavada, District- Guna (M.P.) for the offence punishable under Sections 306, 34 of IPC.

The prosecution story, in short, is that on 22.01.2023 complainant Rajesh Jain lodged a report at Police Station Dharnavada District Guna against present applicant-accused and co-accused persons that he is running a grocery shop. He and his brother were having seven bigha land in village Dharnavada. In 2017, they sold three bigha land to Harpal Dhakad. In 2022, they sold remaining four Signature Not Verified bigha land to present applicant/accused Arvind Jain and other co-accused Praveen Jain. Co-accused Harpal Dhakad and Komal Dhakad were establishing a patrol pump on the land sold to Harpal Dhakad. Present applicant/accused Arvind Jain and Praveen Jain raised objection that the land on which the work of construction of patrol pump is going on belongs to them resulting into cancellation of construction work of petrol pump. Ever since then, the accused persons were pressurizing the complainant and his son for money and land. On 21.01.2023, after becoming distressed due to their harassment, son of the complainant committed suicide by consuming poisonous substance. On the basis of aforesaid, crime was registered against present applicant and other co-

accused.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The matter is of civil nature, however, it is converted into a criminal case. It is further argued that co-accused Praveen Jain has already been granted the benefit of bail vide order dated 1st June, 2023 passed in M.Cr.C. No.22870/2023 and case of the present applicant is in parity with co-accused Praveen Jain. He is ready to abide by all the terms and conditions as may be imposed by this Court. Under these submissions, prayer for grant of anticipatory bail is made.

Learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties at length and perused the case diary.

Looking to the aforesaid facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory Signature Not Verified bail on his furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.

The applicant shall further abide by all other conditions as enumerated in sub-section (2) of Section 438 of Cr. P. C.

With the aforesaid directions, the present application stands allowed and disposed of Certified copy as per rules.

(SUNITA YADAV)

JUDGE vpn Signature Not Verified