DHEERAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No.246/2012, dated 05.10.2012, registered at Police Station, Sadar, District Una, under Sections 406, 420, 468 IPC.

(2.) It has been stated that petitioner is apprehending his arrest on account of registration of above case. The allegations against the petitioner are that he agreed to sell one plot to complainant for total consideration of Rs. 10,40,000/-, but neither plot was transferred in her name nor the amount which was paid by the complainant to the petitioner was paid back. The allegations against the petitioner are false. The petitioner is innocent, he has committed no offence. The petitioner is ready to join the investigation. The submission has been made for releasing the petitioner on bail.

(3.) The status report has been filed. It has been stated that case has been registered on the basis of complaint of the complainant under Section 156(3) Cr.P.C. It has come in the investigation that in November, 2011, a plot was allotted to Ram Kirti Garg which was transferred on 21.05.2012 in the name of Rakesh Kumar. On 12.10.2012, the petitioner disclosed that he had already told complainant that the plot had been allotted in favour of Ram Kirti Garg and he would get the plot transferred in the name of complainant. He took Rs. 10,40,000/- in November, 2011, from complainant for transferring the plot which included 5% transfer charges. In the month of November, the affidavits of complainant and Ram Kirti Garg along with 5% transfer charges were deposited in the Office of HIMUDA, Shimla.