ORDER :

1. The present criminal miscellaneous petition has been filed by the petitioner to cancel the bail granted to respondent No. 2 vide order dated 28.01.2021 passed by this Court in MCRC No. 9348 of 2020.

2. The brief facts as reflected from the record are that respondent No. 2 filed MCRC No. 9348/2020 on 11.12.2020 for grant of bail in connection with Crime No. 877/2020 registered at Police Station-Civil Lines, Bilaspur on 28.11.2020 for commission of offence under Section 120B & 420 of IPC.

3. The prosecution story, in brief, is that in the year 2012, respondent No. 2 got an agreement fraudulently executed with complainant/ petitioner’s mother namely Isharani Mitra Garhewal for sale of land bearing Khasra No. 316/34 admeasuring 1800 sq.ft. of the complainant in favour of the respondent No. 2 for a consideration of 90 lacs on the assurance that respondent No.2 would get a house constructed for complainant/petitioner’s mother on the land costing at Rs. 20 lacs, but respondent No. 2 has not given any amount to the complainant, but sold some portion of the land in the year 2017 on a higher price. Thus, respondent No. 2 cheated the complainant/petitioner’s mother, got registered the property in his name and thereby committed offence under Section 420 & 120B of IPC. The petitioner’s mother has raised objection on 22.12.2020 for releasing respondent No. 2 on bail. Thereafter, respondent No. 2 filed an application regarding the compromised arrived between the petitioner’s mother and respondent No. 2 on 20.01.2021. The relevant clause of the agreement reads as under:-

^^3- ;g fd mDr lgefr i= ds vuqlkj eq>s bZ'kk jkuh fe=k ,oa iqrqy fe=k dks rhl yk[k ¼3000000½ :i;s nsus Fks vkSj mDr 1800 lkS oxZ fQV esa ls esjs uke cph gqbZ 900 oxZ fQV tehu iqu% bZ'kk jkuh fe=k vkSj iqrqy fe=k ds uke fcuk iSls ds jftLVªh djkuh FkhA

5- ;g fd eSa fodYi ds :i esa iSrhl yk[k :i;s ¼3500000½ :i;s vkSj [kljk uEcj 138@10 xzke vesjh esa 900 oxZ fQV dk Mk;oVsZM vkoklh; IykWV fcuk izfrQy ds bZ'kkjkuh fe=k dks vkSj iqrqy fe=k dks nsus ds fy, rS;kj gwaA

6- mDr iSrhl yk[k :i;s ,oa IykWV dk Hkqxrku pkj fd'rksa esa fuEu rjhds ls fd;k tk;sxk

igyk fd'r& 10 yk[k :i;s bl bdjkj ukek dks gLrk{kfjr djrs le; iznku d:axkA

nwljh fd'r& 10 yk[k :i;s dh nwljh fd'r bdjkj ukek dh frfFk ds nks ekg ds HkhrjA

rhljh fd'r& 900 oxZ fQV dk Mk;oVsZM vkoklh; IykWV bdjkj ukek frfFk ds rhu ekg ds Hkhrj bZ'kk jkuh fe=k vkSj iqrqy fe=k ds uke fcuk izfrQy ¼iSlk½ ds jftLVªh 'kqYd vkSj LVkWEi M~;wVh nksuksa i{k vk/kk&vk/kk ogu djsaxsA

pkSFkh fd'r& 'ks"k 15 ykk[k :i;s bdjkj ukek dh frfFk ds N% ekg ds Hkhrj iznku fd;s tk;saxsA

10- esjs }kjk mijksDr of.kZr 'krksZa ds le;c) iw.kZ ifjikyu djus ij bZ'kk jkuh fe=k vkSj iqrqy fe=k }kjk blh fookn esa ntZ vijk/k Ø- 877@2020 esa vkxs dksbZ dk;Zokgh ugha dh tk;sxh vkSj l{ke U;k;ky; esa le>kSrk fd;k tk;sxk ,oa eqaxsyh ukdk fLFkr [kljk Øekad 316@34 fookn eqDr gks tk;sxhA**

4. Since the agreement was executed between the petitioner’s mother and respondent No. 2, therefore, the State as well as the petitioner’s mother has raised no objection in releasing respondent No. 2 on bail. Considering the submission by either side, this Court has passed the order releasing respondent No. 2 on bail by observing as under:-

“charge-sheet has already been filed, in particular fact that both the parties are ready to compromise as contended by their counsel, the applicant has no criminal antecedent and there is likelyhood of the applicant tampering with the evidence or absconding as admitted by both the counsel and the conclusion of trial, may take sometime, without expressing any opinion on merits of the case, this Court is of the opinion that present is a fit case for grant of bail to the applicant.”

5. Respondent No. 2 was released on bail in view of abovestated agreement executed between the petitioner’s mother and respondent No. 2, but respondent No. 2 has not complied with the terms of agreements, on which, he was released on bail, therefore, the petitioner has filed present CRMP f