ANUBHAV PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application has been filed by the accused petitioner under section 438 Cr.P.C. against the order dated 12.8.2015 passed by learned Addl. Sessions Judge No. 12, Jaipur Metropolitan in bail application No. 167/2015 (2856/2015) whereby he dismissed the bail application.

(2.) THE brief facts of the case are that on 11.6.2012 the complainant Ravindra Kumar Pareek submitted a written report at Police Station JDA, Jaipur to this effect that his relatives Kailash Pareek and Jai Kishan Pareek told him that the present accused petitioner is selling plots of land in Ganesh Vihar, Village Keshavpura, Ajmer Road, Jaipur. In may 1990 they purchased three plots and Pattas of Shri Mahaveer Swami Grah Nirman Sahakari Samiti were made available. In the year 2000 the Government laid High Tension Electricity line on the land of Ganesh Vihar and their plots came under the said High Tension Line. In the year 2005 when he went to check his plots then he failed to locate his plots. He tried to make contact with the present accused petitioner but could not establish contact. When he contacted Kailash Pareek and Jai Kishan, they assured that the petitioner would make them available another plots. It was also mentioned in the aforesaid complaint that in the year 2008 the complainant contacted the petitioner and he was told that if complainant would pay difference of amount, he would be given plots in Ganesh Vihar (Extension) or Nirmohi City. It was further mentioned that relying on it, they gave original pattas and thereafter could not establish contact with the petitioner as he had gone to foreign country. In this way he was cheated and he was not given another plots etc.

(3.) DURING the course of investigation the accused petitioner moved bail application before the learned Sessions Judge, Jaipur Metropolitan which was transferred to the learned Addl. Sessions Judge, S. No. 17, Jaipur Metropolitan (hereinafter 'the court below'). The court below after hearing contesting counsel dismissed the bail application of the accused petitioner vide order dated 12.8.2015. The accused petitioner aggrieved with the order dated 12.8.2015 passed by the trial court has filed instant bail application before this Court.