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Judgment
Nandita Dubey, J
This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.410/2021 registered at Police Station Bargi, District Jabalpur for the offences punishable under Sections 420, 120-B and 34 of IPC.
As per the prosecution, the complainant was lodged by complainant Smt. Shashi Prabha that earlier she had executed a power of attorney in favour of her son Deepankar Agrawal. Later on she orally cancelled the said power of attorney and informed regarding the cancellation of power of attorney to the Registrar as well as her son and another persons, however despite knowing the fact that her son has sold her land to his wife on the basis of said power of attorney and the present applicant was a witness there in the sale deed.
Learned counsel for the applicant submits that the present applicant was only a witness to the aforesaid sale deed. It is stated that he was never noticed nor informed that the power of attorney executed in favour of Deepankar Agrawal has been cancelled by the complainant. It is stated that the applicant had signed on the sale deed in good faith as a witness only and did not receive any advantage from the same.
Considering that the present applicant was only the witness of the sale deed and not aware about the cancellation of the power of attorney, this application is allowed.
It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer. It is further directed that the applicant shall also comply with the provisions of Section 438(2) of Cr.P.C.
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