(1.) Apprehending arrest in connection with Crime No. 10/2014, registered at Police Station AJK, Bilaspur, Distt. Bilaspur (C.G.), for the offence punishable under Sections 420, 3(1)(f), (g), 3(1)(r) of Indian Penal Code, the applicant has filed this application under Section 438 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for grant of anticipatory bail.
(2.) Case of the prosecution, in brief, is that, applicant has cheated complainant- Nirmala Toppo, who is a member of Scheduled Caste as the applicant has obtained Rs. 7,00,000/- from the complainant for construction of house but neither constructed the house nor delivered the possession of the constructed house and thereby committed aforesaid offence.
(3.) Learned counsel for the applicant would submit that the land in question bearing Khasra No. 9/11, area 1250 Sq. Ft. has been sold by Durgesh Kumar Singh in favour of the complainant and the applicant is only provided consultancy service vide agreement dated 03/05/2010 and he is nothing to do with the ownership of the land, therefore, he is entitled to be released on anticipatory bail.