IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 7 OF JULY, 2023 MISC. CRIMINAL CASE No. 61158 of 2022 BETWEEN:-

1. SHYAM SINGH MEENA S/O CHANDAN SINGH MEENA, AGED ABOUT 45 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE SEMRIKALA P.S. KOLAT TEHSIL KOLAR DISTRICT BHOPAL (M.P.)

(MADHYA PRADESH)

2. SHAITAN SINGH MEENA S/O JAWARILAL MEENA, AGED ABOUT 44 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE SEMRIKALA P.S. KOLAT TEHSIL KOLAR DISTRICT BHOPAL (M.P.)

(MADHYA PRADESH)

3. SURESH MEENA S/O JAIRAM MEENA, AGED ABOUT 39 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE SEMRIKALA P.S. KOLAT TEHSIL KOLAR DISTRICT BHOPAL (M.P.) (MADHYA PRADESH)

4. DHARMENDRA SINGH MEENA S/O KAMAL SINGH MEENA, AGED ABOUT 40 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE GURADIGHAT P.S. KOLAT TEHSIL KOLAR DISTRICT BHOPAL (M.P.)

(MADHYA PRADESH)

.....APPLICANTS (BY SHRI ASHISH SINHA - ADVOCATE)

AND

1. SMT. PREM BAI W/O LATE KALURAM MAJOR R/O HOUSE NO. 60 INDUSTIRAL AREA GOVINDPURA KOLUWAN KALA TEHSIL HUZUR DISTRICT BHOPAL (M.P.) (MADHYA PRADESH)

2. THE STATE OF MADHYA PRADESH THROUGH DISTRICT MAGISTRATE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

Signature Not Verified Signed by: MANOJ KUMAR .....RESPONDENTS (NONE FOR RESPONDENT NO.1 THOUGH NOTICE HAS BEEN ISSUED ON NUMBER OF OCCASIONS AND SHRI C.K.MISHRA - GOVT. ADVOCATE FOR RESPONDENT NO.2/STATE.)

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

ORDER

This is first anticipatory bail application filed by the applicants under section 438 of Cr.P.C for grant of anticipatory bail relating to Regular Trial No.11066/2022 (Smt. Prem Bai Vs. Shyam Singh Meena and others) registered for commission of offence under section 420,467,468,471, 120-B and 149 of IPC pending on the case file of Shri Ravi Kumar Borasi, JMFC District Bhopal.

2. Learned counsel for the applicants has submitted that the learned trial court has registered a case against the applicants for preparing and manufacturing a false and fake Will of the deceased. Learned JMFC court has taken cognizance for commission of offence under section 420,467,468,471, 120-B and 149 of IPC. It is submitted that applicants have filed a civil suit No.323-A/2020 before XVII Civil Judge Class-II, Bhopal for declaration and permanent injunction on the basis of a Will executed in their favour by the deceased. Applicants have not committed any offence. They are innocent. They have been falsely implicated. Therefore, it has been prayed that applicants may be released on anticipatory bail.

3. Copy of the civil suit is annexed with the bail application. This first anticipatory bail application is disposed off and 15 days interim protection is granted to the applicants. They are directed to appear before the Court of JMFC where regular criminal case/complaint is pending. They shall move an application for regular bail. In case their application is dismissed by the court of Signature Not Verified Signed by: MANOJ KUMAR JMFC, they shall be at liberty to move regular bail application before the Court of Sessions. It is directed that in this period of 15 days, which shall start from

08.07.2023, they shall not be arrested.

4. It is further made clear that if in this period of 15 days they are arrested then in that event applicants - Shyam Singh Meena, Shaitan Singh Meena, Suresh Meena and Dharmendra Singh Meena be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one surety each in the like amount to the satisfaction of the trial court/ Arresting Officer.

5. This first anticipatory bail application is disposed off accordingly.

C.C. as per rules.

(DINESH KUMAR PALIWAL)

JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR