Anticipatory bail may be granted when a criminal complaint is based on a dispute of a civil nature, such as a breach of a land sale agreement, and custodial interrogation is not necessary.

ORDER

1] This is the applicants' first application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 /Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as they are apprehending their arrest in connection with Crime No.304/2025, registered at Police Station- Kasrawad, District-Khargone (MP) for offence punishable under Section 420 of the I.P.C.

2] The allegation against the applicants is of their involvement in the aforesaid case in which, it is alleged that after entering into an agreement to sell the land, the applicants refused to register it, which led the complainant to file an FIR. In the FIR, it is also stated that the land being sold by the applicants was less than the agreed amount, and it has also been found that the land is also not in possession of the applicants.

3] Counsel for the applicants has submitted that the main grievance of the complainant even in the FIR is that the sale deed has not been executed by the applicants. Whereas no civil suit for seeking specific relief has been filed and a notice was also sent by the applicants on 06.02.2025. The reply of which was given by the complainant on 03.12.2025, which is also filed on record. Thus, it is submitted that this is a case of civil nature which has been given the colour of a criminal case to put undue pressure on the applicants. In such circumstances, it is submitted that the application be allowed as the custodial interrogation of the applicants would not be necessary.

4] Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that looking to the allegations levelled against the applicants, no case for grant of bail is made out.

5] Heard. Having considered the rival submissions, perusal of the case diary, and the fact that the notices were also exchanged between the parties and the applicants have also shown their willingness to execute the sale deed through their letter dated 06.02.2025, which was replied by the complainant through their advocate on 03.12.2023, this Court is inclined to allow the application as the custodial interrogation of the applicants under the facts and circumstances of the case is not necessary.

6] Accordingly, without commenting anything on the merits of the case, the application filed by the present applicants is allowed. It is directed that in the event of arrest, the applicants shall be released on bail, upon their executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) each and furnishing separate solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer)/ concerned trial court.

7] The applicants shall make themselves available for interrogation by a Police Officer, as and when required. They shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

8] Accordingly, M.Cr.C. stands allowed and disposed of.