IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 11 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 26197 of 2023 BETWEEN:-

1. BRASPATIA W/O LALMAN GOUND, AGED ABOUT

66 YEARS, OCCUPATION: HOUSEWIFE R/O GRAM KIKRIPODI P.S. BHALUMADA TAHSIL KOTMA DISTRICT ANUPPUR (MADHYA PRADESH)

2. LALMAN GOUND S/O NANCHU GOUND, AGED ABOUT 69 YEARS, OCCUPATION: AGRICULTURIST R/O GRAM KIKRIPODI P.S. BHALUMADA TEHSIL KOTMA DISTRICT ANUPPUR (MADHYA PRADESH)

.....APPLICANTS (BY SHRI ASHOK KUMAR PALI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KOTMA-484334 DISTRICT ANUPPUR (MADHYA PRADESH)

2. VEDPATI SINGH W/O SHIVMANGAL SINGH, AGED ABOUT 49 YEARS, OCCUPATION: NOT KNOWN R/O GRAM KIKRIPODI 484 334 TEHSIL KOTMA DISTRICT ANUPPUR (MADHYA PRADESH)

3. SHIVMANGAL SINGH S/O JOHAN SINGH, AGED ABOUT 50 YEARS, OCCUPATION: NOT KNOWN R/O GRAM KIKRIPODI 484 334 TEHSIL KOTMA DISTRICT ANUPPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI S.M.PATEL - PANEL LAWYER FOR RESPONDENT NO.1/STATE AND SHRI SANJAY KUMAR TIWARI - ADVOCATE FOR RESPONDENTS NO.2 AND 3/ OBJECTOR)

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

Signature Not Verified Signed by: MANOJ KUMAR

ORDER

This is the second application filed by the applicant under Section 438 of Cr.P.C for grant of anticipatory bail relating to RCT No.351/2022 of Police Station Kotma, District Anuppur for t h e offence under Sections 417,419,420,467,468,471,120-B, and 34 of IPC. Applicants apprehending their arrest in connection with the aforesaid offence have knocked the portal of this Court for grant of anticipatory bail.

Applicants first anticipatory bail application was dismissed for want of prosecution vide order dated 14.06.2023 passed in M.Cr.C.No.47773/2022

2. As per the prosecution story, respondents No.2 and 3 herein filed a complaint against the present applicants before the court of JMFC, Kotma District Anuppur averring that Ghanshyam Gound was the owner of the land bearing S.No.92/4 and 394/1 comprising area 1.254 hectare situated at village Kikripodi Tehsil and District Anuppur. Birjha Gound was also in possession of the land alongwith Ghanshyam Gound. It was further averred that complainants/ respondents No.2 and 3 herein are the legal heirs of Birjha Gound. After death of Birjha Gound when they contacted the Patwari for mutation of their names in place of Birjha Gound, they were informed that accused persons names have already been mutated in the land in place of Birjha Gound on 29.09.2014. A criminal Complaint was filed. The learned Magistrate took the cognizance and issued warrant against the present applicants.

3. Learned counsel for the applicants has submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. Matter is of civil nature. Case has been registered on the basis of statements recorded under section 200/202 of Cr.P.C in the complaint filed before the court of JMFC. As case has already been registered, no Signature Not Verified Signed by: MANOJ KUMAR interrogation is required in the matter. Therefore, it is prayed that applicants may be released on anticipatory bail.

4. On the other hand, learned counsel for the State as well as counsel for the complainants have opposed the grant of anticipatory bail to the applicants.

5. The case has been registered on the basis of a complaint filed before the JMFC. No custodial interrogation of the applicants is required as cognizance has already been taken by the court of JMFC. Therefore, having taken into consideration the nature of controversy and other material on record but without expressing any opinion on the merits of the case, I am of the view that it is a case in which applicants may be released on anticipatory bail. Consequently, this second anticipatory bail application under Section 438 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants stands allowed.

6. It is directed that i