Virendra Dhaniram Gupta vs State Of Madhya Pradesh

This is first bail application u/S.439 of the Cr.P.C. Filed by the applicant for grant of bail.

The applicant has been arrested on 26/04/2019 by Police Station University, District Gwalior in connection with Crime No.261/2018 registered in relation to the offence punishable u/Ss. 420 and 467 of IPC.

It is alleged by counsel for the applicant that the applicant has falsely been implicated in the case. He has not committed any offence in any manner. It is further submitted that in pursuance to agreement to sale with respect to two flats bearing Nos. C-4/204 and C-5/205 which were booked by the complainant, he has paid entire amount, but complainant has not paid entire amount to the applicant, therefore, one flat was sold and another is still under construction, but due to financial crises, construction could not be completed in time.

He has no intention to cheat the complainant. The agreement was by party agreement and the terms and conditions be applicable to both.

It is further submitted that for execution of agreement to sale, the effective steps should have been made by the complainant to get the registry done by filing civil suit for specific performance, but that has not been done by making it a criminal case, offence has been registered against the present applicant. It is further argued that complainant have two documents shown in the agreement and payment receipt for registration of offence under Sections 420 and 467 of IPC. The fact and circumstances of the case, both offences are not made out against the present applicant. He is in custody since 26.04.2019. Counsel for the applicant is further submitted that he is ready to abide by all the conditions as may be imposed by this Court. Upon these grounds, he prays for bail and has also given a offer to the complainant to the effect that within 8 months from the date of release he complete another flat and get the registry done of the flat and within the aforesaid period, he will refund the amount which have been received from the complainant in terms of agreement. He has further relied upon in the case of Arnesh Kumar Vs. State of Bihar, AIR 2014 SC 2756 stated that in the event when the Section 467 of IPC is not made out against the present applicant, the offences punishable under Section 420 of IPC is made out for which maximum punishment is of seven years and in light of Arnesh Kumar (Supra), he prays for grant of bail to the applicant.

Per contra, learned counsel for State as well as complainant have opposed the bail application and has contended that applicant has been involved in commission of offence and he has cheated the complainant. He has further contended that he regularly approached before the complainant and asking for the registry. They have further submitted that seven criminal case registered against the present applicant.

At this stage, learned counsel for complainant has categorically submitted that he does not want to get the registry of another flat and applicant may refund the entire amount which have been deposited by him along with interest from the date of depositing of the said amount.

Learned counsel for applicant submitted that he has sought instruction from the applicant and his daughter is present before the Court who has filed an affidavit to the effect that she had met her father and her father has undertaken to refund the amount within a period of eight months as per the agreement along with the interest. She has filed an affidavit to the aforesaid effect being identified by the counsel for applicant.

Counsel for the complainant has also submitted an affidavit to the effect that he has no objection to allow the bail of the applicant subject to entire amount paid by the applicant in lieu of two flats bearing No. C-4/204 and C-5/205 be refunded back along with 12% interest within a period of eight months as pointed out by counsel for the applicant, and as mentioned in affidavit

Heard learned counsel for parties and perused the documents. From the perusal of the recort, it is seen that there is agreement to sale between the two parties i.e. the applicant as well as the complainant. The entire case is of the civil nature which has been given color of criminal nature. The parties have also agreed and willingly came before this Court by filing affidavit to the aforesaid facts.

Considering the fact and circumstances of the case and also that the application is in custody since 26.04.2019 and if he is not released then matter cannot be settled, therefore, the application is allowed subject to fulfilling conditions as mentioned in affidavit and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.3,00,000/- (Rs. Three Lac Only) with two solvent sureties of the like amount to the satisfaction of the concerned Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall mark his attendance before the concerned Police Station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the direction issued by the concerned trial Court.

The applicant is directed to comply with terms and conditions as has been mentioned in the affidavit by his daughter before this Court, if violative of any condition to make compliance of those condition, the bail granted by this Court shall stand automatically cancelled.

A copy of this order be sent to the Court concerned for compliance.