(1.) HEARD, Shri Arun Kochar, counsel for the applicant and Shri praveen Das, Dy. Govt. Advocate for the State.

(2.) THE accused/applicant has preferred this bail application under Section 439 of the Cr. P. C. for releasing him on regular bail in Crime No. 130/2007, Police Station vishrampur, Distt. Surajpur, for offence punishable under Sections 420 read with section 34 of the Indian Penal Code.

(3.) CASE of the prosecution is that wife of the accused/applicant namely Shakuntala rathore has a piece of land ad-measuring 0. 5 decimal at Kunj Nagar, Vishrampur and house has been constructed over the said land. On 4. 3. 2006 Shakuntala Rathore entered into an agreement for sale of the same with complainant Bal Kunwar and amount of Rs. 4,07,000/- was paid to her by the complainant and remaining amount of Rs. 93,000/- was to be paid. Later on, when complainant namely, Bal Kunwar went to shakuntala Rathore and present accused/ applicant (husband of Shakuntala Rathore)and approached them for transferring the house in the name of complainant, they refused and saying that the stamp on which agreement was written it very old. Then, the complainant lodged the complaint on which after investigation charge-sheet has been filed against applicant and his wife.

(4.) LEARNED counsel for the accused/applicant argued that as far as present accused/ applicant is concerned, there was no agreement between applicant and the complainant but, the agreement was executed between complainant and Shakuntala Rathore (wife of the accused/applicant) and he is in detention since 19. 11. 2007, thereby, he is in detention for about 3 months 20 days, therefore, he be released on bail.

(5.) ON the other hand, learned counsel for the State opposed the bail application.

(6.) HAVING heard the counsel for the parties and considering the fact that applicant is in detention for about 3 months 20 days and agreement was executed between complainant and wife of accused/applicant namely, Shakuntala Rathore, I am of the opinion that it is a fit case to admit the accused/ applicants to bail. Accordingly, the application is allowed.

(7.) THE accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 10,000/- with a surety in the like sum to the satisfaction of the trial court. He be directed to appear before the trial Court on each and every date given by the said Court. Application allowed.