1 M.Cr.C.No.3149/2015 (Akhilesh Parihar Vs State of M.P.)
07.05.2015
Shri V.D. Sharma, Advocate on behalf of the applicant Ms. Nutan Saxena, Public Prosecutor for the respondent/State.
Shri Rajeev Sharma, Advocate for the complainant. Heard on I.A. No. 3258/2015, an application preferred under Section 301(2) of the Cr.P.C.
After taking into consideration the averments made in the application, same is hereby allowed. Shri Rajeev Sharma, learned counsel is permitted to assist the prosecution on behalf of the complainant Satish Sharan Agarwal.
Heard on the bail application.
Case-diary has been perused.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. Applicant has been arrested on 12.03.2015 in connection with Crime No.57/2015 registered at Police Station, Kotwali Shivpuri for the offence punishable under Sections 420, 467, 468 and 120B of IPC.
As per prosecution story, on 22.01.2015 FIR was lodged by the complainant Satish Sharan against the applicant and other co- accused persons to the effect that on 28thFebruary, 2014 agriculture land bearing survey No. 43/11 having area of 1.000 Hectare situated at village Jarganva Pargna Tehsil Karera, District Shivpuri was purchased from Surendra in the sum of Rs. Five Lac
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only and registered sale deed was executed. This land was purchased through broker /applicant Malkhan and other co- accused Rambabu. Commission was also paid to these brokers in the noon of 27.08.2014. When complainant reached at the spot, he came to know that by playing fraud sale deed was executed, in the fake name of Surendra by affixing his photograph. Prayer for bail was made on the ground that
complainant has made three complaints against the applicant and in two cases bail has already been granted. Nowhere it is alleged that disputed land was purchased through the petitioner. That apart, it is the duty of the complainant to get satisfied himself about the title before purchasing the land. . For the fault lies on the complainant, applicant should not be blamed.
Prayer for bail was opposed by learned Public
Prosecutor on the ground that entire offence has been committed by the applicant,therefore, in such premises bail should be dismissed.
After taking into consideration the facts of the case and the fact that except receiving the commission there is nothing alleged against the applicant and further there is no possibility of his absconsion but without commenting on the merits of the case, the present application is allowed and it is directed that the applicant be released on bail on his furnishing personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for his regular
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appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court. A copy of this order be sent for compliance to the Court concerned.
Certified copy as per rules.
(B.D. Rathi) Judge
Prachi*
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