MPHC grants anticipatory bail to a colonizer of Bhopal

The Madhya Pradesh High Court has granted anticipatory bail to a builder and colonizer of Bhopal in a plot no.30 issue of a society.

The applicant Narendra Bhakt who is a builder and colonizer apprehends his arrest in connection with Crime No.449/2022 registered at Police Station Arera Hills, District-Bhopal for the offence punishable under Sections 420,467,468,471 and 120-B of IPC.

Justice Nandita Dubey said considering the documents on record, prima facie, it seems to be a civil dispute and there is substance in the argument of learned senior counsel that the entire action has been taken by the complainant only to pressurize the present applicant,therefore, without adverting to the merits of the case, this application is allowed.

The contention of learned senior counsel appeared for the builder is that the lodging of FIR is a pressurizing tactics by the complainant as a civil suit has already been filed for removal of encroachment against him. It is stated that the complainant’s wife purchased plot no.29 from the society of which the applicant is builder and colonizer, the court order said.

However, she (wife of complainant) also encroached on plot no. 30 for which a civil suit has been filed on 15.09.2020. It is stated that to pressurize the applicant earlier a complaint was filed by the complainant before the Police Station-Awadhpuri where the property is situated, which after the enquiry was found false and no action was taken by the police authorities, the court order said.

Aggrieved thereby, the complainant thereafter filed an application under Section 156(3) of Cr.P.C.on 18.12.2020 before JMFC, Bhopal which was rejected on 05.02.2021. Since the complaint of the complainant by the police authorities at Awadhpuri and by Court itself got rejected, he lodged another complaint, making the same allegations, before the PS-Arera Hills, Bhopal on which the present offence has been registered, the police authorities said, the court order said.

It is further pointed out from the documents annexed to this application that the Municipal Corporation, after a detailed enquiry, has released the said plot no. 30 by order dated 12.06.2020 and no allegation has been made by the Municipal Corporation against the present applicant. It is submitted that the entire exercise done by the complainant is nothing, but to pressurize the applicant to reach to a compromise in the civil suit filed by the applicant. It is submitted that the applicant will abide by all the terms and conditions imposed by this Court, in case the anticipatory bail is granted to him, the court order said.

Learned Govt. Panel Lawyer appearing for the State has opposed the bail
application. However, he does not dispute the documents filed on record by
the present applicant and also the fact that the property is situated at Awadhpuri whereas the complaint was lodged at PS-Arera Hilla, Bhopal, the court order said.

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