Madhya Pradesh High Court
Sanjay Patidar vs The State Of Madhya Pradesh on 23 December, 2024
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2024:MPHC-IND:36868
1 MCRC-51263-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 23 rd OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 51263 of 2024
SANJAY PATIDAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashirwad Joshi - advocate for the petitioner.
Shri Tarun Pagare - Govt. Advocate for the respondent/State.
ORDER
This is first bail application filed by the applicant under Section 483 of
BNSS, 2023 Section 439 of the Cr.P.C. for grant of bail in connection with in
Crime No.258/2021, registered at Police Station-Kaitha, District-Ujjain, for the
offence under Sections 120-B, 420, 467, 468, 471 of I.P.C. Applicant is in
custody since 06.11.2024.
3. As per prosecution story, the present applicant’s father Late Shri
Chagganlal had two wives namely Parvatibai and Krishna Devi and he got married
to them according to the Hindu traditions and rituals and resided with both of them
together. Chagganlal got married to Krishnadevi in the year 1978 and since then,
she was continuously residing with the present applicant in their home.
Krishnadevi passed away and after which her husband Chagganlal applied for her
death certificate. One Deepika Dixit who is the daughter of the sister of Late
Krishnadevi lodged a report against Chagganlal and his family, based upon which
Signature Not Verified
Signed by: SUMATHI
Signing time: 23-12-
2024 16:15:59
NEUTRAL CITATION NO. 2024:MPHC-IND:36868
2 MCRC-51263-2024
a case was registered against Chagganlal. Thereafter due to old age and illness
Chagganlal passed away on 04/12/2021 and hence the aforesaid case was closed.
Present applicant Sanjay has filed Civil Cases pertaining to the properties of Late
Smt.Krishnadevi in the District court of Ujjain against Deepika as she is trying to
usurp the properties of the applicant’s mother and has gotten her name illegally
mutated in them. Deepika along with her husband and brother in law who have
strong political connections conspired with the Police and have concocted false
and frivolous grounds so as to implicate the present applicant Snajay in the closed
crime No. 258/2021 and have him arrested. The police inspector has added two
sections, Section 471 and 120-B of the IPC in the original case.
4. Learned counsel for the applicant submitted that the applicant is innocent
and has falsely been implicated in the case. This is a case of family dispute. None
of the documents that the prosecution is alleging to be false have been prepared by
the present applicant, nor did he have any involvement in the same, as all the
documents relating the Late Smt. Krishnadevi were obtained by Late Chagganlal.
Under the influence of the complainant present applicant has been implicated in
crime No.258/2021 after it was already closed and a Khatma report was prepared.
There are no criminal antecedent against the applicant and he is in custody since
06.11.2024 (i.e. more than one and half months). Final conclusion of trial will take
sufficient long time. Hence, he prays that the applicant be released on bail.
5. Learned Panel Lawyer for the respondent – State opposed the bail
application and prayed for its rejection but fairly submitted that there are no
criminal cases registered against the applicant.
6. Perused the impugned order of the trial Court as well as the case dairy.
7. Considering all the facts and circumstances of the case, arguments
Signature Not Verified
Signed by: SUMATHI
Signing time: 23-12-
2024 16:15:59
NEUTRAL CITATION NO. 2024:MPHC-IND:36868
3 MCRC-51263-2024
advanced by counsel for both the parties, custody period of the applicant and also
the fact final conclusion of trial shall take sufficient long time, I deem it proper to
release the accused / applicant on bail.
8. Accordingly, without commenting on the merits of the case, the
application is allowed. It is directed that the applicant be released on bail on
his/her furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand
only) with one solvent surety in the like amount to the satisfaction of the trial
Court for his/her appearance before the trial Court, as and when required. The
applicant shall abide by all the conditions enumerated u/S. 480(3) of BNSS.
9. This order shall remain effective till the end of the trial, but in case of bail
jump and breach of any of the pre-condition of bail, it shall become ineffective and
cancelled without reference to this Bench.
Certified copy, as per Rules.
(PREM NARAYAN SINGH)
JUDGE
sumathi
Signature Not Verified
Signed by: SUMATHI
Signing time: 23-12-
2024 16:15:59