ATUL SHRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) Case dairy perused and argument heard.

(2.) This first bail application has been filed under Section 439 of Cr.P.C. by the applicant Atul Shrivastava, who has been arrested on 20/01/2018 in connection with Crime No.3/2018 registered at Police Station Crime Branch, District Bhopal for the offences punishable under Sections 420 , 467 , 468 , 471 of the IPC.

(3.) As per prosecution case complainant Deepak Verma lodged a written report at P.S. Crime Branch to the effect that he is resident of Bhopal and is a partner of Verma Travels Partnership Firm and his brother Anil Verma required a place in Kusha Bhau Thakre Bus Terminal for business purpose and he had knowledge that the co- accused Rupesh Shirode is a property dealer, who works under the name of Sarthak Associates and his father Madhukar Shirode also helps him in the said work. He further stated that co-accused Rupesh Shirode and Madhukar Shirode with an intention to cheat the him stated that plot No.41 in ISBT Kusha Bhau Thakre, BDA, Bhopal is being allocated in their name and they would get the allotment made directly in the name of complainant. Thereafter, they introduced co-accused Kamar Khan disguising his name as Ashok Malviya and stated that he is an Officer of the Bhopal Development Authority and they showed the complainant a vacant plot adjacent to Paliwal Hospital and on the basis of the conversation, they agreed to be allocated plot admeasuring 630 sq.feet for a consideration of Rs.90,00,000/-. In pursuance to the agreement the complainant issued a cheque in the name of Sarthak Associate for an amount of Rs.5,00,000/- on the basis of which the agreement was executed and it was further agreed that if the plot is not allotted to the complainant, then the amount would be returned back to the complainant. It is further stated that co-accused Rupesh Shirode and his father issued a BDA allotment letter dated 21/04/2017 and further took an amount of Rs.10,00,000/- from the complainant Deepak Verma and his brother Anil Verma and thereafter issued an amended letter dated 04./05/2017, which was signed by the Land Acquisition Officer, Ashok Malviya and a receipt bearing No.306 dated 19/05/2017 was also issued for a sum of Rs.2,50,000/-, thereafter a further sum of Rs.10,00,000/- was paid by the complainant and his brother. On 24/04/2017 further a sum of Rs.2,50,000/- was paid on the pretext that the said amount has to be deposited in the BDA. It is further stated that co-accused Rupesh Shirode and Madhukar Shirode took an amount of Rs.40,00,000/- from the complainant Deepak Verma and his brother Anil Verma on various dates. On 27/06/2017 the complainant received a letter from BDA wherein allotment of plot in Katara Hills Scheme was reflected, whereupon the complainant got suspicious and when he enquired from the Office of the BDA he was informed that no allotment has been made in favour of the complaint, then he tried to contact the co-accused. However, the co-accused refused to get in touch with the complainant or tender any explanation. On that Police registered the aforesaid crime number and investigated the matter. It is alleged against the applicant that the applicant is also involved in the crime and he in connivance with other co-accused persons prepared forged documents and one photocopy of the forged document is also seized from the possession of the applicant.