High Court

3. Heard Chandra Veer Singh, Advocate, holding brief of Sri Vikrant Rana, counsel for the applicant, Sri V. P. Tripathi, learned AGA for the State and perused the material on record.

4. The applicant was granted interim anticipatory bail vide order dated 03.06.2024 by the co-ordinate Bench of this Court. The order is quoted herein below;- "Heard learned counsel for the applicant, learned A.G.A. for the State of U.P./opposite party no. 1 and perused the record. This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 02.05.2024 passed by Special Judge (SC/ST Act)/Additional Session Judge, Meerut, seeking Anticipatory Bail in Complaint Case No. 27236 of 2023, under Sections 420, 467, 468, 471, 406, 120B IPC, Police Station Kankarkheda, District Meerut. It is argued by learned counsel for the applicant that complainant/opposite party no. 2 filed a complaint dated 16.12.2023 alleging inter alia that Shubham Chaudhary, Ashish Chaudhary, Smt. Anu, Satendra Singh and Ujjawal, after taking a cash amount of Rs. 1,00,000/-, had executed an agreement to sell dated 10.08.2023 with regard to the land measuring area 14500 square yards and but subsequently they with a dishonest intention has executed a registered agreement to sell in favour of M/s S.A. Associates, of which the applicant Amit Kumar is the authorized signatory, on which, learned Magistrate after recording the statements under Section 200 and 202 Cr.P.C. summoned the applicant vide order dated 12.01.2024 to face trial. It is further argued that the applicant is a bonafide purchase of half share of the land in question bearing Plot No. 1828, regarding which, an agreement to sell has been executed by Smt. Anu, Ashish, Shubham and Satendra on 26.08.2023 which was registered on 28.08.2023 after taking a part payment of sale consideration amount of Rs. 18,20,000/- out of Rs. 19,75,000/-. Similarly, the applicant has purchased land bearing Plot Nos. 1821 to 1826, regarding which, Satendra has executed an agreement to sell dated 26.08.2023 which was registered on 28.08.2023 after taking part payment of Rs. 25,20,000/-, out of Rs. 61,13,000/-. It is next submitted that the applicant has no concern with regard to agreement to sell dated 10.08.2023 executed in favour of the complainant. It is also submitted that the dipsute in this case is purely of civil nature and even there is no allegation of the complainant that he has been cheated by the applicant, therefore, case of the present applicant is distinguishable from the case of co-accused Smt. Anu, Ashish Chaudhary, Shubham Chaudhary and Satendra Singh. Prima facie, matter requires consideration. Learned Government Advocate has accepted notice on behalf of the State of U.P./opposite party no. 1. Let a notice be issued to opposite party no.2 returnable at an early date. Steps be taken within a week. Three weeks' time is granted to the opposite parties to file counter affidavit. Rejoinder affidavit, if any, may be filed by the applicant within one week thereafter. List this case on 05.07.2024. Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case."

5. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant himself is the victim of fraud. The part payment of the sale consideration was transferred through RTGS in the bank account of co-accused Anu, Shubham Chaudhary and Ashish Chaudhary. The applicant has no criminal antecedents. In case, the applicant is released on anticipatory bail, till the conclusion of trial he will not misuse the said liberty.

6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

7. Having regard to the submissions made by counsel for the applicant as recorded in the order dated 03.06.2024, considering the nature of accusations, antecedents of the applicant and the fact that the part payment of the sale consideration was transferred through RTGS in the bank account of co-accused Anu, Shubham Chaudhary and Ashish Chaudhary, no adverse material has been produced by learned A.G.A. against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

8. In the event of arrest, the applicant Amit Kumar, involved in Complaint Case No. 27236 of 2023, under Sections 420, 467, 468, 471, 406, 120B IPC, Police Station Kankarkheda, District Meerut, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

10. The application stands disposed of. Order Date :- 5.4.2025 Manish Kr

3. Heard Chandra Veer Singh, Advocate, holding brief of Sri Vikrant Rana, counsel for the applicant, Sri V. P. Tripathi, learned AGA for the State and perused the material on record.

4. The applicant was granted interim anticipatory bail vide order dated 03.06.2024 by the co-ordinate Bench of this Court. The order is quoted herein below;- "Heard learned counsel for the applicant, learned A.G.A. for the State of U.P./opposite party no. 1 and perused the record. This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 02.05.2024 passed by Special Judge (SC/ST Act)/Additional Session Judge, Meerut, seeking Anticipatory Bail in Complaint Case No. 27236 of 2023, under Sections 420, 467, 468, 471, 406, 120B IPC, Police Station Kankarkheda, District Meerut. It is argued by learned counsel for the applicant that complainant/opposite party no. 2 filed a complaint dated 16.12.2023 alleging inter alia that Shubham Chaudhary, Ashish Chaudhary, Smt. Anu, Satendra Singh and Ujjawal, after taking a cash amount of Rs. 1,00,000/-, had executed an agreement to sell dated 10.08.2023 with regard to the land measuring area 14500 square yards and but subsequently they with a dishonest intention has executed a registered agreement to sell in favour of M/s S.A. Associates, of which the applicant Amit Kumar is the authorized signatory, on which, learned Magistrate after recording the statements under Section 200 and 202 Cr.P.C. summoned the applicant vide order dated 12.01.2024 to face trial. It is further argued that the applicant is a bonafide purchase of half share of the land in question bearing Plot No. 1828, regarding which, an agreement to sell has been executed by Smt. Anu, Ashish, Shubham and Satendra on 26.08.2023 which was registered on 28.08.2023 after taking a part payment of sale consideration amount of Rs. 18,20,000/- out of Rs. 19,75,000/-. Similarly, the applicant has purchased land bearing Plot Nos. 1821 to 1826, regarding which, Satendra has executed an agreement to sell dated 26.08.2023 which was registered on 28.08.2023 after taking part payment of Rs. 25,20,000/-, out of Rs. 61,13,000/-. It is next submitted that the applicant has no concern with regard to agreement to sell dated 10.08.2023 executed in favour of the complainant. It is also submitted that the dipsute in this case is purely of civil nature and even there is no allegation of the complainant that he has been cheated by the applicant, therefore, case of the present applicant is distinguishable from the case of co-accused Smt. Anu, Ashish Chaudhary, Shubham Chaudhary and Satendra Singh. Prima facie, matter requires consideration. Learned Government Advocate has accepted notice on behalf of the State of U.P./opposite party no. 1. Let a notice be issued to opposite party no.2 returnable at an early date. Steps be taken within a week. Three weeks' time is granted to the opposite parties to file counter affidavit. Rejoinder affidavit, if any, may be filed by the applicant within one week thereafter. List this case on 05.07.2024. Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case."

5. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant himself is the victim of fraud. The part payment of the sale consideration was transferred through RTGS in the bank account of co-accused Anu, Shubham Chaudhary and Ashish Chaudhary. The applicant has no criminal antecedents. In case, the applicant is released on anticipatory bail, till the conclusion of trial he will not misuse the said liberty.

6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

7. Having regard to the submissions made by counsel for the applicant as recorded in the order dated 03.06.2024, considering the nature of accusations, antecedents of the applicant and the fact that the part payment of the sale consideration was transferred through RTGS in the bank account of co-accused Anu, Shubham Chaudhary and Ashish Chaudhary, no adverse material has been produced by learned A.G.A. against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

8. In the event of arrest, the applicant Amit Kumar, involved in Complaint Case No. 27236 of 2023, under Sections 420, 467, 468, 471, 406, 120B IPC, Police Station Kankarkheda, District Meerut, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

10. The application stands disposed of. Order Date :- 5.4.2025 Manish Kr