Sushila Patel vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the third application filed on behalf of the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of anticipatory bail apprehending her arrest in relation to Crime No.99/2025 at Police Station Awadhpuri, District Bhopal for the offence punishable under Sections 316(5) of B.N.S.

The first application of applicant was dismissed on merits vide order dated 08.08.2025 passed in MCRC. No.31984/2025 and second application was dismissed as withdrawn with liberty to file fresh application vide order dated 22.09.2025 passed in MCRC. No.42330/2025.

As per the prosecution story, the allegation against the present applicant is that she committed criminal reach of trust by selling three plots out of five plots to the some other persons which were already mortgaged with Municipal Corporation, Bhopal. Therefore, offence was registered against the present applicant under the aforesaid sections.

Learned counsel appearing for the applicant submitted that applicant is innocent and falsely implicated in the present case. It is submitted that the applicant was developing a society after obtaining permission from Bhopal Development Authority. There are two options before the Coloniser for development of colony. First is either he has to mortgage some plots to Municipal Corporation, Bhopal and the second is to furnish bank guarantee. In this case, the applicant has mortgaged five plots to Municipal Corporation, Bhopal but due to mistake she has executed sale deed of three plots. When she came to know this fact, then on 31.01.2025 she has written a letter to the Municipal Corporation, Bhopal that she will mortgage other five plots because but Municipal Corporation, Bhopal has not taken any action. Thereafter, on 10.06.2025 false FIR has been lodged against the applicant whereas there was no malafide intention on the part of applicant. Learned counsel has drawn the attention of this Court to Rule 12(i) and (iv) of Madhya Pradesh Nagar Palika (Registration of Coloniser, Terms And Conditions) Rules, 1998 and Rule 13(A) of Madhya Pradesh Nagarpalika (Colony Development) Rules, 2021. The conclusion of trial will take considerable time. In these circumstances, applicant may be granted anticipatory bail.

On the other hand, learned counsel for State has opposed the grant of anticipatory bail to the applicant but fairly submitted that on behalf of applicant, an application dated 31.01.2025 was given to Municipal Corporation, Bhopal in which it is mentioned that applicant is ready to mortgage Plot No.2, 3, 6, 7 & 11 out of which Plot No.11 has already been mortgaged. During investigation, it was found that the applicant has submitted the application on 31.01.2025 regarding mortgage of those plots. It is further submitted that if the applicant will mortgage these plots to Municipal Corporation, Bhopal and expenses will be incurred by the applicant, then he has no objection for the same. It is further submitted that earlier Municipal Corporation has given an application to the Police Station on 20.11.2024 and on this application, the enquiry is pending in the concerning Police Station, therefore Municipal Corporation, Bhopal has not taken any action on the application submitted by the applicant on 31.01.2025.

Considering aforesaid circumstances, anticipatory bail application filed by the applicant is allowed. It is also directed that if the applicant mortgage remaining four plots with the Municipal Corporation, Bhopal within one month from today, then in the event of arrest of applicant, she be released on anticipatory bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant shall abide by the following conditions under Section 480 (2) of B.N.S.S.:-

(a) Applicant shall make herself available for interrogation by a Police Officer as and when required;

(b) She shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) She shall not leave India without the previous permission of the Court;

(d) She shall not commit similar offence, of which, she is accused or suspected.

(e) She will further abide by the condition enumerated in sub-section (3) of Section 480 of the B.N.S.S. Certified copy as per rules.