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2013 DIGILAW 126 (CHH)

RAJESH SINGH v. STATE OF C. G.

2013-04-09

G.MINHAJUDDIN

body2013
ORDER As per Hon'ble Shri G. Minhajuddin, J.- Heard on the application filed under Section 438 of Cr.P.C. for grant of anticipatory bail. Learned counsel for the applicants has submitted that the applicants are bonafide purchasers and after conducting due enquiry about the lands they were intending to purchase as well as about SRM Foundation that they had purchased the said lands by issuing cheques in favour of SRM Foundation, which were handed over by them to G.R. Chandramohan, who represented himself to be an authorized power of attorney holder of the said Foundation. On the other hand, learned counsel for the State has opposed the bail application. Case diary of Cr.No.328/11, offences under Sections 419, 420, 465, 467, 468, 471 and 120B of IPC, of Police Station-Takhatpur, Distt. Bilaspur, perused. According to the prosecution, the lands which are sold to the applicants/accused are owned by SRM Foundation (Spiritual Regeneration Movement Foundation of India) and the applicants knowing full well that G.R. Chandramohan is not the authorized power of attorney holder of SRM Foundation, simply to obtain wrongful gain had purchased the lands of the said Foundation situated at Devrikhurd, Bilaspur from G.R. Chandramohan. On complaint being lodged by Dineshchand Khare, that the alleged offences have been registered against the applicants/accused as well as other accused persons. On being asked, learned counsel for the State has informed after minutely perusing the case diary that allegation against the present applicants/accused is only that they knowing full well that G.R. Chandramohan is in no way authorized to sell the lands of SRM Foundation, have purchased the lands of SRM Foundation from him simply with intent to have wrongful gain. It is not in dispute that the applicants/accused have not sold the lands belonging to SRM Foundation or had not in any way added in selling the said lands, but on the contrary, they are purchasers of the said lands after paying the consideration amount to G.R. Chandramohan, who represented himself to be an authorized power of attorney holder of SRM Foundation. Thus, in view of the abovementioned facts, in my considered opinion, present is a fit case for grant of anticipatory bail in favour of the applicants/accused. Accordingly, the application is allowed. Thus, in view of the abovementioned facts, in my considered opinion, present is a fit case for grant of anticipatory bail in favour of the applicants/accused. Accordingly, the application is allowed. It is directed that in the event of arrest of applicants in connection with the present crime number i.e. 328/11, they shall be released on bail on each of them executing a personal bond for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the arresting officer/investigating officer, on the following conditions: (i) that the applicants shall make themselves available for interrogation before the investigating officer as and when required; (ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Application Allowed.