- (1.) THIS bail application under Section 439 Cr.P.C. has been filed by petitioner Jameel Khan @ Jameel Ahamed S/o Jummekhan, who is accused for offence u/Ss.420 and 406 IPC in FIR No.275/2011 registered at Police Station Jurahara, District Bharatpur. From the averments of the bail application, it is revealed that allegation in the FIR, which is registered on the basis of a criminal case is that accused-petitioner received a sum of Rs.3,00,000/- from the complainant for sale of 1/3rd share of his land situated in land bearing Khasra No.55-15/2. A total sum of Rs.6,00,000/- were settled as sale consideration, out of which, Rs.3,00,000/- was received by the accused on 26/9/2011 on the promise that he will execute agreement to sale but when subsequently complainant contacted him, he avoided to get agreement to sale executed. Lateron the complainant came to know that petitioner had already sold his share for the said amount to one Ishaq Khan. When the complainant demanded money from the petitioner, he denied to make payment. It is contended by Shri Munnawar Hussain, nephew of petitioner that in the first place, such transaction did not take place and no such money was received by the petitioner from the complainant and he has made this false allegation and filed a false criminal complaint at the instance of Safi Khan, who owned the petitioner a sum of Rs.6,00,000/- and secondly and even otherwise, it is a case of civil transaction, which has been given the shape of a criminal case. Petitioner was arrested on 26/12/2011. He is a government servant and he himself is a victim of circumstances. Petitioner is ready to face the trial. There are no chances of his fleeing from justice. Challan has been filed. Representative of the learned Public Prosecutor has opposed the bail application.
(2.) WITHOUT expressing any opinion on the merits of the case, I am inclined to enlarge the petitioner on bail u/S.439 Cr.P.C. In the result, this bail application under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jameel Khan @ Jameel Ahamed S/o Jummekhan shall be released on bail in FIR No.275/2011 registered at Police Station Jurahara, District Bharatpur for offence u/Ss.420 and 406 IPC upon his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before the trial court on all dates of hearing until conclusion of the trial.;