IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 11 OF SEPTEMBER, 2023 MISCELLANEOUS CRIMINAL CASE No. 38201 of 2023 BETWEEN:-

HARIOM SHARMA S/O SHRI CHHOTELAL SHARMA, AGED ABOUT 53 YEARS, RESIDENT OF DUBEY COLONY WARD NO 5 ASHOKNAGAR (MADHYA PRADESH)

.....APPLICANT (SHRI SHAILENDRA DWIVEDI, SHRI RAJ KUMAR SHRIVASTAVA AND SHRI VIJAY KUMAR JHA- ADVOCATE)

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE THANA KOTWALI DISTRICT ASHOKNAGAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI RAJENDRA SINGH YADAV - PUBLIC PROSECUTOR)

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

ORDER

Heard on IA No.16648/2023, an application for taking documents on record.

For the reasons stated in the application, the same is allowed and documents are taken on record.

The first bail application has been filed by the applicant under Section

438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.138/2023 registered at Police Station- Kotwali Ashonagar District Ashonagar (M.P.) for the offence punishable under Sections 420, 467, 468 and

471 of the IPC.

A s per the case of prosecution, Sub Divisional Officer (Revenue )

Ashoknagar submitted a written complaint dated 07/03/2023 to SHO, Police Station Ashoknagar (M.P.) for registration of FIR inter alia alleging that one Akhand Pratap Yadav has submitted an application with Collector Ashoknagar (M.P.) to the effect that some land Mafia have fabricated entries in revenue record relating to survey No. 678 and sold out the government land to certain persons. The departmental enquiry was conducted wherein Patwari Hariom Sharma and Dinesh Raghuvanshi were found to be guilty for enhancing the area of survey No. 678. On such allegations, Police Station Kotwali Ashoknagar, District Ashoknagar (M.P.) registered FIR in Crime No.138/2023 for the offence punishable under Sections 420, 467, 468 and 471 of the IPC on 07/03/2023. Statement of relevant witnesses have been recorded. Relevant revenue records have been seized. Investigation is underway.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant was working as Patwari till 4th September, 2012. There is no interpolation in the entries of hand written Khasra during his tenure. He is found guilty in departmental enquiry with regard to non submission of Khasra entries for converting them into computerized Khasra records. The matter relates to documentary evidence of the revenue records which have already been seized. There is no evidence on record that due to change in the entries of the revenue record any wrongful loss was caused to the State and any person is wrongfully benefited, therefore, no offence is made out against the applicant. Applicant is permanent resident of Dubey Colony Ward No. 5 Ashoknagar, District Ashoknagar (M.P.). He has family to look after.

He is ready to cooperate in the investigation. No previous criminal antecedent is reported against him. There is no likelihood of tampering with the evidence. Jail incarceration would cause great hardship to the family of the applicant.

Therefore, the applicant may be extended the benefit of anticipatory bail Per contra, learned counsel for the State opposes the bail application for grant of anticipatory bail on the ground of gravity of offence.

On request of the Court, learned counsel for the State read out the information submitted by the Tehsildar, Ashoknagar as well as SDM, Ashoknagar in answer to the query of SHO, Police Station Ashoknagar (M.P.). In reply, 23/08/2023, the Sub Divisional Officer (Revenue) Asoknagar (M.P.) has specifically stated that there is no change in the boundaries of survey No. 678 and 679 on the ground and in the revenue map. The change in the entries in computer generated Khasra can be corrected and revenue proceedings for correction of en