M.Cr.C. No.3898/2010
18.08.2010
Shri Ajay Mishra, Senior Advocate with Shri
Rajendra Gupta, Advocate for the applicant.
Smt. Sushila Paliwal, Public Prosecutor for
the respondent/State.
Heard both the parties.
Case diary of Crime No.180/2010 registered
at Police Station Kolar Road District Bhopal for the
offence punishable under Section 420 read with
Section 34 of IPC is perused.
The applicant is apprehending his arrest in
the aforesaid crime.
Learned counsel for the applicant submits
that the present applicant is the Chairperson of
one Ganga Vihar Grih Nirman Sahakari Samiti
Maryadit, Bhopal (for short “Society No.1”). He
has purchased 0.80 acres of land for the Society
from Sarva Dharam Grih Nirman Samiti, Bhopal
(for short “Society No.2”) for a consideration of
Rs.15 lakhs. Some of the members of the Society
No.2 have lodged an FIR regarding cheating and
misappropriation of their funds. In this connection
the enquiry report is quite clear. There is no
allegation against the present applicant except
that he purchased the aforesaid land. The entire
matter is connected with the Society No.2 and
there is no allegation that the present applicant
has purchased that land in lesser price. Actually
the applicant has purchased the land for
betterment of the members of his Society i.e.
Society No.1. He has paid the actual cost of the
land in question and there is no allegation in the
report that cost of the land was high. He has
nowhere connection with the Society No.2 and,
therefore, he is not the culprit for the alleged
crime. He further submits that the Chairperson of
the Society No.2 i.e. Munnawar Khan Kousar and
one Nitin Agrawal were enlarged on anticipatory
bail by this Court and the act of the present
applicant is inferior to the act of those two
persons, therefore he prays for anticipatory bail.
On the other hand learned Public Prosecutor
for the State vehemently opposes the application
mainly on the ground that Munnawar Khan Kousar
and Nitin Agrawal have received anticipatory bail
in connection with Crime No.170/2010 and not in
the present crime. She further submits that there
are so many cases against these colonizers and the
case of the present applicant may not be
considered in a light manner.
Keeping in view the submissions made by
learned counsel for the parties and the facts and
circumstances of the case, I am of the view that
this is a fit case for grant anticipatory bail to the
applicant. Consequently, this application under
Section 438, Cr.P.C. is hereby allowed. It is
directed that in the event of arrest, applicant Ajay
Prakash Jain shall be released on bail on
furnishing a personal bond in the sum of
Rs.50,000/- (Rupees fifty thousand) with a solvent
surety in the like amount to the satisfaction of the
Arresting Authority.
The applicant shall further abide by the
conditions enumerated in sub-Section (2) of
Section 438 of Cr.P.C.
This order shall remain in force for a period of
30 days and in the meanwhile, if the applicant so
desires, may move an application for regular bail
before the competent Court.
C.C. as per rules.
(N.K.Gupta)
Judge
Ansari.