Teej Ram vs Union Of India

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested in connection with Crime No.74/2018, registered at Police Stationâ€" Mohan Nagar, Districtâ€" Durg(C.G.) for the offence punishable under

Section 420 of Indian Penal Code (for short 'IPC') and Section 292(x) of the Chhattisgarh Municipal Corporation Act, 1956.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 22.02.2018.

No case is made out against him according to the case registered against him. The applicant has been working simply as broker, developer, colonizer

& builder and in connection with his business he entered into agreement of sale with sellers Govind Prasad, Pramila Bai, Shiv Prasad etc. who were

the owners of the land which is subject matter of the agreement. Subsequent to that he has developed the land and after plotting the same has made

sale of the plots to various persons. It has been done in pursuance of the business of the applicant which is not an offence and at the most it can be

said that this applicant had not obtained sanction & permission from the Municipal Authority and that he had been not got the land diverted for the

residential purposes. No offence of cheating is made out, hence, it is prayed that applicant may be granted regular bail.

Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that prima facie case is made out against

this applicant for his prosecution in this case. This applicant has criminal antecedents of having been prosecuted under various provisions of Indian

Penal Code. Hence, he is not entitled for grant of bail.

Heard both the parties and perused the case diary.

According to FIR registered against the applicant, a complaint was made to the Collector which was forwarded to the Commissioner of Municipal

Corporation. After inquiry, the Commissioner lodged FIR against the applicant stating that this applicant had illegally plotted the lands and sold to

number of persons. The land sold for residential purposes was also not diverted because of which the loss of Rs.1,70,0000/- has been caused to the

State Exchequer as the land sold in such manner were not transferred by registered sale-deed. Hence, this case.

Taking into consideration all the material that is present in this case, the fact that no custodial interrogation of the applicant is required and that

further detention in this case appears to be without any purpose.

Hence, by imposing suitable conditions he can be released on bail.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on him

furnishing a personal bond for a sum of Rs.25,000/-with one surety in the like sum to the satisfaction of the concerned trial Court, for him appearance

as and when directed. It is made clear that the applicant shall not induce or influence any witness of the case acquainted with the facts of the case.

He shall also co-operate with the investigation and make himself available for interrogation as and when required.