Smt. Ashadevi vs State Of MP

This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends her arrest in connection with Crime No.364/2019, registered at Police Station Lahar, District Bhind, for the offences punishable under Sections 420 of IPC.

It is the submission of counsel for the applicant that applicant is apprehending her arrest on the basis of registration of offence referred above. It is further submitted that she sold the plot to the complainant-Jashoda Yadav on 02.12.2011 through registered sale-deed over the survey Nos.4805, 4809, 4811 total ad-measuring 0.147 hectare. After 9 years, complainant has raised the complaint that land which was given to the complainant, was government land. According to the counsel for the applicant, said allegation is misplaced after such long period. At the time of registration of sale-deed, all due formalities were observed. Being a lady, confinement would bring her social disrepute and personal inconvenience. Alternatively, counsel for the applicant fairly submits that she is ready to co-operate in investigation and would appear as and when required by the Investigating Officer. Counsel for the applicant relied upon the judgment rendered by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273. Under these grounds, prayer for anticipatory bail has been made.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application and informs this Court that as per the order of this Court spot inspection was made by the Revenue Inspector and it was found that building material for construction of house was lying over Survey No.4806 which happens to be government land.

On a specific query, counsel for the State fairly submits that Survey Nos. 4805, 4809, 4811 are not referred in the report of Revenue Inspector.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the facts and circumstances of the case and considering the fact that in view of COVID-19 pandemic, but without expressing opinion on merits of the case, I deem it appropriate to allow this application under Section 438 of Cr.P.C.. It is hereby directed that in the event of arrest, the applicants shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency, as undertaking that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic. Investigating Officer to issue notice to the applicant and applicant shall appear and co-operate in investigation and thereafter, Investigating Officer shall proceed in light of the judgment rendered by Hon'ble Apex Court in the case of Arnesh Kumar (supra). Investigating Officer shall always at liberty to ensure compliance from the applicant regarding investigation.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by her;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which she is accused;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.