YOGITA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first application filed under Section 439 of Cr.P.C. by the applicant - Yogita W/o. Ritesh Ajmera, who has been arrested by Police on 17.2.2020 in Crime No.1437/2019, Police Station Lasudia, District Indore for the offence punishable under Sections 420, 467, 468, 471 & 34 of the I.P.C.

(2.) Heard the learned counsel for the parties through Video Conferencing and perused the case diary.

(3.) As per the prosecution story, Shri Govind Bodia, (objector), made a written complaint dated 27.3.2019 to the SHO, Police Station Lasudia, Indore stating that in the month of October-November, 2007 he came to know that M/s. Phoenix Devcon Pvt. Ltd. is going to develop a township in the name of "Phonix Township". He came to know that Nilesh Ajmera and Sonali Ajmera are the directors of the company. He visited the office of the company intending to purchase 4-5 plots for himself and other family members. He met Nilesh Ajmera and offered to purchase 5 plots. He was given the offer of Rs.375/- per Sq.ft. by the directors According to him, he was shown the map of the township and the position of vacant plots. According to him, he and his brother booked Plot Nos. 1081 to 1085 in the township and gave Rs.10,000/- as token money and obtained the receipts. Later on, in the month of January 2008, he paid Rs.2,81,250/- for the purchase of three plots. Thereafter, on 28.1.2010 the aforesaid company executed three sale-deeds for Plot Nos. 1081, 1082 and 1083 in his name and two sale-deeds for Plot Nos. 1084 and 1085 in the name of his brother and assured for handing over the possession. According to him, he and his family members paid in total Rs.14,10,000/- to the company under different heads like sale-price; registration charges; electricity connection; demarcation; etc. According to him, after selling the aforesaid plots, the directors of the company have handed over the possession of the plots to Ram Gurjar and Shivdas thus cheated him. On his complaint, the Police have registered the aforesaid criminal case against the applicant, hence the present application for bail.