JUDGEMENT
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(1.)This is second bail application under Section 439 of Cr.P.C. in connection with Crime No.229/2019 registered at
Police Station - Tonkkhurd, District-Dewas under Section
420 and 406 of IPC. First application was dismissed as withdrawn vide order dated 10/01/2020 passed in MCRC
No.87/2020.
(2.)It is the case of the prosecution that brother of Manoj, Vijay (present petitioner) stated to the complainant Arun
Bairagi that he has a contract of constructing pipe line and
road and for that purpose he needs a tractor. He allured the
complainant to engage his tractor on contract for rent
assuring that he will pay a handsome rent and also bear the
maintenance of the tractor. After sometime, he demanded
more tractors. On his suggestion, the complainant purchased
two more tractors and handed over to him. After sometime,
he asked for some more tractors. The complainant was not
having more tractor, therefore, he forwarded his proposal to
his known persons Digvijaysingh, Devendra and Kailash.
They also found the proposal attractive and engaged their
tractors with Vijay, but Vijay neither paid the rent as agreed
between them nor returned the tractor. On inquiry, it was
found that he had sold those tractors somewhere in
Rajasthan. The police apprehended Vijay. He disclosed
before the police that he along with his brother Manoj has
committed the alleged fraud and with the help of his brother
(Manoj) has sold all the tractors and misappropriated the
amount, therefore, Manoj was taken into custody and
interrogated by the police, who admitted that he handed over
all the tractors to his brother-in-law Sunil, who sold it and
embezzled or misappropriated the amount received as
consideration.
(3.)This time, the bail has been pleaded on the ground of period of custody, which is about 11 months now.
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