The Madhya Pradesh High Court at Jabalpur granted anticipatory bail to government servant in connection with Crime No. 219/2025 registered at Police Station Orchha, District Niwari, for offences punishable under Sections 318(4), 336(3), 338 and 344 of the Bharatiya Nyaya Sanhita, 2023.
The case arose from a land dispute wherein the applicant contended that he was innocent and falsely implicated. It was submitted that land had originally been allotted to the father of the co-accused’s husband, and a portion of it measuring about 8 acres was given on lease. Although the co-accused and her husband were in possession, their names were not entered in the revenue records. This led to proceedings before the Board of Revenue, which directed that the co-accused’s name be mutated in the records.
It was stated that although review petitions filed by the State were dismissed, the revenue authorities did not record the co-accused’s name. This led to a writ petition which was disposed of by the Court on 11 November 2020, directing mutation within ten days. But instead of following the order, the Collector, District Niwari, by order dated 19 September 2023, allotted the disputed land to the Medium and Small Scale Enterprises Authority. The co-accused again filed a writ petition before the Court, and an appeal was filed before the Revenue Authorities. By order dated 28 May 2025, the case record was called for, and the Commissioner, Revenue, Zone Sagar, directed an inquiry into who had sent it. Against this, another writ petition was filed, but meanwhile an FIR was registered and the police sought to arrest the applicant. Since the process server changed his statement time and again, it was urged that the applicant be granted the benefit of anticipatory bail.
However, the state opposed the bail application and submitted that the lease deed was prepared on the grounds of forged documents, and hence the applicant was not entitled for anticipatory bail.
Justice Devnarayan Mishra observed that looking at the facts, circumstances and status of the case, it was deemed fit that the applicant be enlarged on anticipatory bail, and accordingly application was allowed. The Court directed that in the event of arrest, bail shall be granted to the applicant upon furnishing a personal bond of Rs. 50,000 with one solvent surety of like amount to the satisfaction of the Arresting Officer. It was further directed to the applicant to cooperate with the Investigating Agency and, if required by the police, to appear before the Investigating Officer at such time and place as may reasonably be required. It was also directed to the applicant to remain present before the trial Court after investigation for quick disposal of the case without seeking undue adjournments.
Appearances:
Applicant: Shri Aman Dawra
Respondent/State: Shri C.K. Mishra, Government Advocate
