IN THE HIGH COURT OF MADHYA PRADESH PRINCIPLE SEAT

AT JABALAPUR
M.Cr.C. No. /2020

APPLICANT : SHYAM SUNDER BHARGAVA

S/o Shri Keshav Prasad Bhargava,
Aged about 42 years,
R/o - Rajendra Bag, Anand Bag Pipariya
Tehsil and P.S. Pipariya,
District Hoshangabad, M.P.

Versus

RESPONDENT : STATE OF MADHYA PRADESH

Through P. S. – Bareli
District - Raisen, M.P.

(Application under Section 438 of the Code of Criminal Procedure, 1973)

Whether any bail Particulars of Bail Application

Application is pending
before or already
disposed of by (if yes, give
particulars)
No. Date of Order Result
Hon’ble Supreme Court of Nil Nil Nil
India
Hon’ble High Court(s) Nil Nil Nil
Court(s) subordinate to the 211/2019 26.12.2019 Dismissed
High Court

Particulars of Crime Particulars of Impugned Order

Crime No. : 596/2019
Police Station- Bareli
District Raisen, M.P.
Offence Under Section :
Section 420, 120 (B) of the I. P.C.
B. A. No. 211/2019
Name of the Judge : Shri S.P.S. Bundela
Designation of the Court : Additional
Session Judge, Bareli, District Raisen,
Place : Raisen, M.P.
Date of the Order : 26.12.2019

The applicant named above respectfully begs to submit as under:-

1. That, this is applicant’s First Application for anticipatory bail before the
High Court of Madhya Pradesh.

Particulars of Earlier Application (s)

 S. Date of Institution Date of the Name of the
No. Application Number Order Judge (s)
1. - - - -

2. That, no application under section 438 of the Code of Criminal Procedure

for anticipatory bail of the applicant is pending before or decided by the
Hon’ble Supreme Court. Or any subordinate court to the any High Court.

3. Whether the number of accused person is more than one:- Not,

Name of Date of Institution Date of the Name of the

Accused Application if Number Order Judge (s)
known
- - - - -

4. A certified copy of the order dated 26.12.2019 passed by Shri S.P.S.

Bundela, Additional Session Judge, Bareli, District Raisen, M.P. in B.A.
No 211/2019 is being filed herewith as Annexure- A/1.

5. That, the applicant is apprehending arrest in connection with crime no.

596/2019 under section 420 and 120 (B) of the Indian Penal Code,
registered by P.S. - Bareli, District Raisen, M.P.

6. FACTS OF THE CASE:

6.1 That, the prosecution story in short are that complainant Dinesh Patel has
lodged written complaint that the applicant and Shri Rajendra Singh
Raghuwanshi are the partner of Shri Krishna Adventures and further
alleged that both have shown the broshure and relevant document of
establishment of colony, thereafter the complainant and some other
persons also entered in agreement for purchasing the plots of said colony
and paid advance to Shri Rajendra Singh Raghuwanshi, thereafter sale to
agreement was executed.

6.2 That, the complainant further alleged that as per agreement installment was
to be paid after every 6 month but when the complainant and other
persons try to contact, the office of the applicant was found closed,
thereafter, when they are personally contacted to Shri Rajendra Singh, he
said that land owner Mr. Biduaa demanded sum of Rs. 10,00,000/-,
thereafter he will signed sale deed, therefore the complainant are paid
cash Rs. 10,00,000/- to Mr. Rajendra Singh Raghuwanshi, but they are
not executed sale deed in favour of complainant but sale deeds have not
been executed till date. hence the police has lodged aforesaid offence
against the applicant.

6.3 That, the actual fact of this case is that the applicant and Mr. Rajendra Singh
Raghuvanshi are the partners of Shri Krishna Adventures and Dhirendra
Kumar Biduaa are entered into agreement for development of colony over
khasra no. 290/1 area 12.19 acre situated at Tehsil Bareli, District Raisen
and paid Rs. 50 Lakh to the land owner Shri Dhirendra Kumar Biduaa and
 agreed that the applicant and his partner will be entitled for 35% and Shri
Dhirendra Kumar will be entitled for 65% of sale amount. A copy of the
agreement dated 26.08.2013 is being marked and filed herewith as
ANNEXURE-A/2.

6.4 That, thereafter one more agreement was execute on 05.09.2013 betwenn the
partner of Shri Krishna Adventures and Dushyant alias Sourabh Bidua
and Vinay Kumar alias Gaurav Bidua both S/o Shriniwas Bidua for the
land situated at mouza Bareli, District Raisen P.H.No. 21/30 bearing
khasra no. 290/2/2 area 12.20 acre and khasra no. 293/3 are 0.26 acre and
agreed that the party no. one is entitle for 60% of sale consideration
amount and party no. 2 are entitled for 40% amount of sale consideration
amount. A copy of the agreement dated 05.09.2013 is being marked and
filed herewtih as ANNEXURE -A/3.

6.5 That, thereafter a joint venture agreement deed was executed on 09.05.2014
between the parties for development of colony. A copy of the joint
venture deed date 09.05.2014 is being filed herewith as ANNEXURE -
A/4.

6.6 That, on the basis of agreement the partner of the Shri Krishna Adventures
are started the development of colony after obtaining due required
permission for establishment of colony and stated sale of plots according
to proposed map of the colony. The said agreement was only executed by
one of the partner of Shri Krishna Adventure i.e. Rajendra Singh
Raghuwanshi and amount has also been received by Rajendra Singh. The
copies of the said agreements are being collectively filed herewith as
ANNEXURE -A/5.

6.7 That, it is pertinent to mention here that the applicant has not received a
single Paine from the complainants. A copy of the bank account of the
Shri Krishna Adventures is being filed herewith as ANNEXURE -A/6.

6.8 That, the applicant filed the application under Section 438 before the Learned
Additional Session Judge, Bareli, District Raisen, seeking anticipatory
bail. The learned Additional Session Judge Bareli, District Raisen, has
rejected the application vide order dated 26.12.2019, hence the applicant
has approached this Hon'ble Court seeking anticipatory bail under section
under Section 438 of the Code of Criminal Procedure 1973 on following
grounds:-

7. GROUNDS:

7.1 That, the applicant has been falsely implicated in the aforesaid crime.

7.2 That, in the present matter, the presence of applicant is not required during
the course of investigation.

7.3 That, as per the agreements executed between the complainants and Shri
Rajendra Singh Raguwanshi and complaint of the complainant Dinesh
Patel, the advance for execution of sale deed of plots has been executed
by Shri Rajendra Singh and advance amount has also been received,
 hence the no case is made out under section 420 of IPC against the
applicant.

7.4 That, the complaints are well aware about the terms and condition of the
development of colony, but the complainant never come forward for
execution of sale deed. hence the matter is of purely civil nature.

7.5 That, the applicant is 42 years young person and has no past criminal
record, and no criminal matter is pending in any police station.

7.6 That, the applicant has no intention to destroy the evidence or abscond
during the pendency of the trial. Further, he has no intention to leave India
and is ready to follow the instructions and rules of the court. The applicant
further seeks to undertake that he would support the court if required.

7.7 That, it has been held by the Supreme Court in “Siddharam Satlingappa
v. State of Maharashtra & Others {(2011) 1 SCC(Cri) 514}” that
where an accused has joined investigation and he is fully cooperating with
the investigating agency and is not likely to abscond, in that event,
anticipatory bail should be granted, which after hearing public prosecutor,
should ordinarily be continued till end of trial.

7.8 That, the applicant is seeking leave of this Hon'ble Court for other
necessary grounds which would be raised at the time of final arguments.

7.9 That, the applicant is a member of a reputed family, possessing good

values. Further, the matter would take long time to be decided and since
the applicant has reasonable grounds to be released on bail it is prayed
that this Hon’ble Court may be pleased to release the applicant on bail in
support of this application.

8. That, the applicant are permanent resident of Rajendra Bag, Aanand Bag
Pipariya, District, Hoshangabad, M.P.

9. That the applicant is ready to furnish adequate surety and shall abide by
all the directions and conditions which may be imposed by the Court.

An affidavit in support is being filed herewith.

PRAYER
It is therefore, prayed that, this Hon’ble Court may kindly be pleased
to order that the applicant be enlarged on bail in the event of his arrest in
the interest of justice.

JABALPUR SANJEEV MISHRA

DATE : .01.2020 Counsel for the Applicant
 IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL
SEAT AT JABALPUR

M. Cr. C. No.______________/2020

APPLICANT: SHYAM SUNDER BHARGAVA

-Vs.-

RESPONDENT: STATE OF M.P.

AFFIDAVIT

I, SHYAM SUNDER BHARGAVA, S/o Shri Keshav Prasad Bhargava, Aged

about 42 years, R/o - Rajendra Bag, Anand Bag Pipariya, Tehsil and P.S.
Pipariya, District Hoshangabad, M.P., solemnly affirms and state on oath as
under:-

1. That I am the applicant in the present case and as such am well

conversant with the facts of the case.

2. That contents of attach bail application u/s 438 of Code of Criminal

Procedure 1973 are true to my personal knowledge and believe to be true.

3. That I have engaged Shri Sanjeev Mishra, Advocate, for filing this
application in the High Court. This is first bail application under section
438 of Cr.P.C. and no other application is pending any court.

DEPONENT

VERIFICATION

I, SHYAM SUNDER BHARGAVA, do hereby verify that the contents of

above affidavit from paras 1 to 3 are true to my personal knowledge.

Verified and signed on this _____________ day of January 2020 at Jabalpur.

DEPONENT

Identified by me
 IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL
SEAT AT JABALPUR

M. Cr. C. No.______________/2020

APPLICANT: SHYAM SUNDER BHARGAVA

-Vs.-

RESPONDENT: STATE OF M.P.

I N D E X

S.No. Particulars Annexure Page No.

1. Index. -
2. Application under section 438 of Cr.P.C. -
3. List of documents. -
4. Copy of the order dated 26.12.2019 A/1
passed in B.A. No. 211/2019
5. Copy of the agreement dated 26.08.2013 A/2
6. Copy of the agreement dated 05.09.2013 A/3
7. Copy of the joint venture agreement deed A/4
dated 09.05.2014
8. Copies of the agreements between A/5
complainants and Rajendrs Singh
9. Copy of the bank account of Shri Krishna A/6
Adventures
9. VAKALATNAMA -

JABALPUR
DATED: .01.2020 SANJEEV MISHRA
COUNSEL FOR THE APPLICANT

IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL

SEAT AT JABALPUR
 M. Cr. C. No.______________/2020

APPLICANT: SHYAM SUNDER BHARGAVA

-Vs.-

RESPONDENT: STATE OF M.P.

LIST OF DOCUMENTS

S. Description of document Date of Original/ Number

No. document copy of pages
1. Copy of the order passed in 26.12.2019 Certified
B.A. No. 211/2019 Copy
2. Copy of the agreement 26.08.2013 Copy
3. Copy of the agreement 05.09.2013 Copy
4. Copy of the joint venture 09.05.2014 Copy
agreement deed
5. Copy of the agreements 24.02.2017 Copies
6. Copy of the bank account of 17.05.2014 Copy
Shri Krishna Adventure to
30.11.2019

JABALPUR
DATED: .01.2020 SANJEEV MISHRA
COUNSEL FOR THE APPLICANT