IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

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ON THE 8 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 55789 of 2025 BALWANT SINGH Versus STATE OF M P Appearance:

Shri Mradul Bhatnagar - Advocate for the applicant.

Shri Madhusudan Yadav -Govt. Adv. appearing on behalf of Advocate General[r-1].

ORDER

1] This is the applicant's 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 he/she is apprehending his/her arrest in connection with Crime no. 345/2025, registered at Police Station Neemuch City, District Neemuch (MP) for offence punishable under Sections 419, 420, 467, 468, 471, 447, 120 B of IPC.

2] The allegation against the applicant is of fraud. It is alleged that the applicant and other accused persons conspired with each other and sold the government land by claiming it as their own.

3] Counsel for the applicant has submitted that the applicant has been falsely implicated in the matter as he is the lawful owner of the land purchased through a registered sale deed. It is further submitted that there are no criminal antecedents of the applicant. Thus, it is prayed that the application deserves to be allowed as the custodial interrogation of the applicant would not be necessary.

4] Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that the FIR has been lodged on the basis of a written complaint by the Patwari on the basis of the order passed by the Sub Divisional Officer, Neemuch in which, specific allegations have also been levelled against all the accused persons and in fact, the FIR has been lodged against the present applicant as the accused no.1 along with seven other accused persons. Thus, it is submitted that no case for grant of anticipatory bail is made out.

5] Heard. On due consideration of the rival submissions and on perusal of the case diary, as also the documents filed by the applicant on record, it is found that the land was purchased by the applicant through a registered sale deed. In such circumstances, when disputed facts are involved and the applicant himself had filed the complaint before the Sub Divisional Officer, Neemuch, and further considering the fact that there are no criminal antecedents of the applicant, this Court is inclined to allow the application as the applicant's custodial interrogation is not necessary.

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

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

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

(SUBODH ABHYANKAR)

JUDGE moni