AKSHAY KUMAR MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first application under Sec. 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.422/2022 registered at Police Station Suhagpur, District Shahdol, for the offence punishable under Ss. 417, 420, 465, 467, 468 and 120-B of the Indian Penal Code.

(2.) Learned counsel for the applicant submits that the applicant is in jail since 14/10/2022. He submits that as per the case of prosecution, the present applicant is a person who executed the agreement in favour of the complainant and also assured him to execute the sale-deed in his favour, but since the sale- deed could not be executed, therefore, on the complaint made by the complainant, offence has been registered against the applicant. He submits that the subject matter of agreement was based upon some happening, but since the same could not be done, therefore, sale-deed was not executed in favour of the complainant. He further submits that the dispute involved in this case is purely of civil nature and as such, no case of forgery and fraud made against the applicant. On these submissions, he prays that the applicant may be enlarged on bail.

(3.) On the other hand, learned Deputy Government Advocate has opposed the prayer of bail.