GAUTAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.732/2022 registered at Police Station Kareli, District Narsinghpur (M.P.) for the offence under Ss. 420, 467, 468, 471, 34 of the IPC.

(2.) Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. He is bonafide purchaser of land in question and he has further sold the land to complainant. Later on, when complainant went to the spot for taking possession of land, it was learnt that land was not in possession of applicant and is in-fact the lease hold of the State Government and applicant does not have Bhumi Swami rights over it. It is submitted that applicant was not aware of said fact. Dispute is having civil colours. No offence under Sec. 467 of the IPC is made out against the applicant. Other offences are punishable upto seven years of imprisonment. Applicant is an old person of 62 years. In these circumstances, applicant may be granted bail.

(3.) Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant has purchased the land from Kharagram, Mohan, Dabbu, Kallu Bai, Bhaggu, Gulam and Nanhe. He was aware that land is of Government lease and cheated the person and sold the property. It is further submitted that investigation is incomplete. In these circumstances, applicant may not be granted bail.