IMPORTANT POINT
The need for exceptional circumstances to grant anticipatory bail, the protection of personal liberty, and the presumption of innocence.

JUDGMENT

1. This petition has been filed by the petitioners under Section 438 Cr.P.C. seeking to enlarge them on bail in event of arrest in connection with the FIR No.140(12)2018 registered under Section 120B/420 IPC on the file of the City Police Station.

2. Heard Mr. M. Ibotombi Sharma, learned counsel for the petitioners and Mr. Y. Ashang, the learned Additional Public Prosecutor for the State.

3. On 6.9.2018, the complainant Rupobati Devi made a complaint before the Learned Chief Judicial Magistrate, Imphal West and the CJM, Imphal West, took the complaint under Section 156(3) Cr.P.C. by directing the respondent for investigation and report and accordingly, the respondent registered an FIR being FIR Case No.140(12)2018 City PS under Section 120B/420 IPC.

4. The case of the prosecution is that the complainant filed a private complaint before the Learned CJM, Imphal West stating that during February, 2016, the petitioners proposed to the complainant for selling of one stall measuring 8 x 8 = 64 sq. ft. of temporary market shed situate at B.T. Road, Imphal West. In the meantime, the petitioners have shown relevant documents in respect of the said stall to the complainant viz., a copy of the order dated 7.2.2014 of the office of the Chairperson, Imphal Municipality consisting the names of allottees of the stalls. On 17.2.2016, the petitioners came to the residence of the complainant and requested for paying advance money not less than Rs.3.10 lakh in respect of stall No.34 allotted in the name of Lukram Inao Singh of Tera in connection with the sale and purchase as agreed upon. Accordingly, the petitioners have received Rs.3.10 lakh being advance payment as paid by the complainant for purchasing the said stall. However, the petitioners have fraudulently published in the name of Lukram Inao Singh, a text, in local Manipuri daily - Huyenlanpao dated 2.3.2016 stating that Lukram consented to transfer and mutate shop bearing stall No.34 and anybody was willing to make objection, they may object within 10 days of the publication. Lukram Inao Singh is the allottee of stall No.34 as shown in the order dated 7.2.2014.

5. On 15.5.2017, the petitioners again came to the residence of the complainant and collected a sum of Rs.1.00 lakh on the pretext of paying the said amount to the authority of Imphal Municipal Corporation from the complainant for favouring of the said purchase in respect of the said stall. On 9.10.2017 the petitioners came at the residence of the complainant and requested for paying another sum of Rs.1.00 lakh more on the pretext of changing of stall No.34 allotted in the name of Ch. Kumar of Bamon Kampu. On 11.10.2017, the second petitioner under false representation of a special power of attorney holder of Shop No.58, B.T. Road, Block II came to the complainant's house along with the first petitioner, talked sometime and induced the complainant to pay sum of Rs.4.00 lakh in addition to the previously paid amount of Rs.5.30 lakh as the new shop/stall stands in the line of B.T. Road and being more profitable shop/stall than the shop No.45, Block II. In accordance with the proposal made by the petitioners, the complainant paid Rs.1.00 lakh on 11.10.2017 and Rs.2.00 lakh on 13.10.2017 then on 14.10.2017 a sum of Rs.1.00 lakh. Thus, the petitioners received a sum of Rs.9.30 lakh from the complainant for which they have acknowledged and issued receipt.

6. On 14.10.2017, the petitioners assured the complainant that the said shop will be emptied with its articles and furniture and they will hand over its lock and key to the complainant within 3/4 days. The second petitioner also shown an affidavit of special power of attorney executed by A.Kulachandra Singh in favour of her in respect of shop plot S.No.II-58 B.T. Road measuring an area of 8 x 8 sq.ft. and stated that the said shop plot No.58 hereby transferred to the complainant. Subsequently, on 17.3.2018 and 19.3.2018, the petitioners collected a sum of Rs.80,000/- and Rs.20,000/