The possession of the property by the complainant for a significant period without raising any complaint influenced the Court's decision in allowing the bail application.

JUDGMENT :

Vishal Mishra, J.

1. Heard on I.A. No. 1989/2021, an application under Section 301(1) of Cr.P.C. for assisting the PL during hearing of the matter. For the reasons mentioned therein, the same is hereby allowed.

2. Learned counsel for the complainant is permitted to assist the PL during hearing.

3. Learned counsel for the rival parties are heard.

4. This is first bail application u/S. 438 Cr.P.C. filed by the applicant for grant of bail.

5. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.

6. The applicant is apprehending his arrest in connection with Crime No. 10/2021, registered by police station Huzrat Kotwali, District Gwalior, in relation to the offences punishable under Sections 420, 467 and 468 of IPC.

7. It is the submission of learned counsel for applicant that applicant has falsely been implicated in the present case. He has not committed any offence in any manner. It is submitted that the allegations against the present applicant is that by playing fraud in connivance with the other co-accused Dashrath Singh. He has sold the property in question to the complainant vide registered sale deed dated 12.04.2012 for consideration of Rs.7,32,000/-. It is submitted that the property in question belongs to one Dasrath Singh and power of attorney with respect to the land was granted to the present applicant by Dhasrath Singh. Dhasrath Singh has demonstrated all the documents to the complainant at the time of execution of sale deed. The complainant being satisfied with the documents, has got executed the sale deed dated 12.04.2012 and the possession of the property was handed over to the complainant. It is pertinent to mention here that the complainant is still in possession of the property in question. After lapse of 8 years from the date of execution of the sale deed and the complainant is in possession of the property in question, the complaint has been made that the property in question has been sold to him by playing fraud and suppressing the material information that the property was already sold to some another person. It is submitted that there was specific averments in the sale deed that the property in question is free from in all the compliances and in case of any dispute the purchaser may return the entire money and handed over the possession of the property to the seller and take back the money along with the interest. For long eight years, the complainant kept mum and enjoyed the property, now with an ulterior motive, the complaint has been made. He is ready to abide by all the terms and conditions as may be imposed by this Court. The applicant has shown his willingness to furnish bank sureties by which the sale deed has been executed for which an affidavit has also shown and filed along with the bail application. It is submitted that the proceedings are of civil nature and they have been given the colour of criminal case by the complainant. Upon these grounds, he prays for bail.

8. Per contra, learned counsel for the State as well as complainant have opposed the bail application stating that the fraud have been played by the present applicant as well as other co-accused with the complainant knowing well that the property in question has already been sold to some other person by making of forged documents. The co-accused sold the property to applicant also. It is submitted that the investigation is pending in the matter. Offences under Sections 420, 467 and 468 of IPC have been registered against the present applicant which have punishable upto life imprisonment. In such circumstances, they have prayed for dismissal of the