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2012 DIGILAW 269 (CHH)

GOPAL DAS VAISHNAV v. MAN GAL SINGH VERMA

2012-10-11

Prashant Kumar Mishra

body2012
ORDER Apprehending arrest in connection with Complaint Case No. 1631/2011 registered in Police Station Khursipar, District Durg (CG) for the offence punishable under Section 420, the applicant has filed this application u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail. The applicant is a lessee bearing Lease No. 1280 having land admeasuring 23.80 sq. meters. It is stated that he entered into an agreement with one Renu Pandey for sale of the debris on 20.01.2010. However, it is alleged that similar transaction was made with the complainant on 27.01.2010 after obtaining payment of Rs. 1,60,000/- The applicant did so despite being fully aware that he having sold the debris to Renu Pandey, he is not legally entitled to again sell it in favour of the complainant. Learned counsel for the applicant would submit that in fact the second agreement purportedly executed in favour of the complainant is a forged document for which the applicant has already filed a complaint case in the Court of JMFC, Durg, in which cognizance has been taken after registering the complaint case on 14.03.2012. Therefore, the applicant deserves to be released on anticipatory bail. Learned counsel for the complainant would submit that the subsequent complaint Annexure A-2 has been filed only to raise a defence in the present complaint and the fact remains that the complainant has been cheated, therefore, the application deserves to be rejected. Considering the rival submissions, the nature of transaction etc., this Court is inclined to release the applicant on anticipatory bail. Accordingly, this application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid complaint case, he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Officer arresting him or the concerned ,Investigating Officer on the conditions mentioned in Section 438 Cr.P.C. C.C. as per rules. Application- Allowed.