Tousif vs State Of M.P.

This is the second/repeat bail application under Section 439 of Cr.P.C. filed in Crime No.396/2018 registered at Police Station-Dindayal Nagar, District-Ratlam under Sections 420, 467, 468, 471, 506/34 of IPC.

First application was dismissed on merits vide order dated 18.06.2020 passed in M.Cr.C. No.16549 of 2020.

This time the petitioner has approached this Court along with complainants - Pankaj and Aslam. They both have compromised the case. Compromise has been filed before the trial Court, but the same has been kept pending to be considered at the time of delivery of the judgment. Both the parties have also filed compromise before this Court.

Shri S. K. Meena, learned Counsel is present through Video Conferencing and has expressed no objection in granting bail to the petitioner.

It is submitted by both the parties that due to limited functioning of the Courts in the wake of spread of Corona pandemic, the witnesses could not be examined before the Trial Court, but parties have amicably settled their dispute, therefore, the complainants - Pankaj and Aslam have no objection in granting bail to the petitioner.

Prosecution case in brief is that the complainant, who deals in real estate and is in a business of sale and purchase of plots, came in touch with the co-accused Imdad. He informed him that he and his partners Nahar, Tousif (petitioner) and Kadir Ali are developing a colony namely 'Gulmerg City' in village Kaneri, District Ratlam. He gave him a proposed map of the colony and offered him plots for Rs. 50,000/- each. Relying on his statement, the complainant booked 20 plots bearing No.61 to 80 and paid Rs.10,00,000/- in installments. He issued a receipt of Rs.2,00,000/- showing booking of those plots and assured him that they will execute sale deed in his favour within two months. When they procrastinated execution of the sale deed, the complainant inquired and found that the land which was shown to him; belongs to one Irfan and the same was not purchased by the accused persons. He also came to know that the accused persons have sold the plots in the same manner to several other persons but have not executed sale deeds in their favour also. They refunded money to the persons who could exert pressure, but refused to refund money to the complainant and rather started threatening him. Therefore, he approached the police and lodged FIR alleging that by showing false documents and deceiving him on the pretext of selling plots, they have taken Rs.10,00,000/- from him.

Considering the compromise between the parties, no objection of the complainants and unprecedented circumstances due to spread of Covid-19 pandemic, without commenting on merits of the case, the application is allowed.

It is directed that the petitioner Tousif S/o Ishrat Gouri be released from custody on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.