IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 20 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 53733 of 2025 BHARAT TIWARI Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Rameshwar Rawat - Advocate for the applicant/complainant.

Ms. Anjali Gyanani - Public Prosecutor for the State.

None for the respondent No.2 though duly served.

ORDER This application has been filed under Section 483(3) of the Bhartiya Nagarik Suraksha Sanhita, 2023, seeking cancellation of bail earlier granted to respondent No.2 by the learned Third Sessions Judge vide order dated

19.06.2025 passed in Bail Application No. 570 of 2025.

Learned counsel for the applicant/complainant has submitted that on the report lodged by the applicant/complainant, Crime No.82/2025 was registered against the accused/respondent No.02 at Police Station Civil Lines, District Datia, for offences punishable under Sections 318(4), 336(2), 296 and 232(1) of the Bharatiya Nyaya Sanhita. After registration of the aforesaid offence, the accused filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita before the learned subordinate court seeking anticipatory bail. The learned court, vide order dated 19.06.2025 allowed the application and granted the benefit of anticipatory bail to respondent No. 02. Being aggrieved, the applicant preferred an application under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita challenging the order dated 19.06.2025. However, the said application was dismissed by the learned subordinate court vide order dated 29.10.2025 passed in Case No.

MJCR/308/2025.

It is further submitted that an agreement to sell was executed between the applicant and respondent No.02 with respect to the subject land on 31.05.2024 in the presence of witnesses. As per the terms of the agreement, the total sale consideration was fixed at Rs.2,37,60,000/-, out of which the accused received an amount of Rs. 40,00,000/- at the time of execution of the agreement. The balance amount was agreed to be paid at the time of execution of the sale deed, which was fixed on or before 15.06.2024. A copy of the said agreement is annexed as Annexure P/4. Subsequently, the time for execution of the sale deed was extended by executing fresh agreements dated 21.06.2024 and 13.08.2024, copies whereof are annexed as Annexure P/5 and Annexure P/6 respectively.

It is further submitted that on 04.01.2025, respondent No. 02 appeared before the Sub-Registrar Office along with his daughters Rani and Pooja Ahirwar, son-in-law Albert Ahirwar, grandson Dev Pratap and his son for execution of the sale deed. The applicant booked an online slot for registration in the name of his wife Smt. Deeksha Tiwari vide Slot Registration No. 40125000097 and deposited Rs. 3,50,000/- into the bank account of the deed writer Dharmendra Chauhan for the purpose of registration. Respondent No. 02 signed the slot booking documents in the presence of witnesses. Copies of the slot booking receipt and related documents are annexed as Annexure P/7.

It is further submitted that despite the above, respondent No. 02 failed to execute the sale deed in favour of the applicant. Instead, respondent No. 02, in connivance with his son-in-law Albert Ahirwar, fraudulently executed documents and transferred the land by way of gift deed in favour of his daughters Rani and Pooja. At the time of execution of the agreement, respondent No. 02 had categorically stated that none of his legal heirs had any objection to the sale. However, after repeated assurances and extensions, respondent No. 02 dishonestly transferred 14 bighas of land in favour of his daughters on 07.01.2025 and thereafter refused to execute the sale deed in favour of the applicant, thereby misappropriated an amount of Rs. 60,00,000/- received in cash. On the complaint of the applicant, the Superintendent of Police, Datia, ordered an inquiry, and upon completion of the inquiry, Crime No. 82/2025 was