High Court · 2025

applicant, Shri Rajesh Kumar, learned AGA for the State- respondent and perused the records. None appears on behalf of the first informant despite service of notice.

2. The instant bail application under Section 439 of the Code of Criminal Procedure, at the instance of applicant Mukesh Khatri, has been filed seeking enlargement on bail in Case Crime No. 82 of 2024, under Sections 420, 467, 468, 469, 471, 472, 120-B, 504, 506 IPC and Sections 66-B 66-C, 66-D Information Technology Act, Police Station Kasna, District Gautam Budh Nagar during the pendency of the trial before the Court below.

3. It has argued that the applicant is absolutely innocent and has been falsely implicated in this very case as an accused for ulterior motive. The applicant is in custody since 13.9.2024. His bail application was rejected by the learned Sessions Court vide order dated 7.10.2024.

4. It is further argued that the applicant along with 12 other co- accused have been implicated with the allegation that the applicant has got executed an Agreement dated 8.10.2020 with the company of the first informant, namely, M/s Nexgen Energia Ltd., for appointment of dealer for retail sale of CBG/green diesel and also has a licence from Oil and Natural Gas Ministry, Union of India. The informant company issued appointment letter dated

17.10.2020 to the applicant to set up a retail outlet over the land of the applicant being Khasra No. 1187/1/1 CH 293.698 Narwara Rohtak Road, NH-352, Village Ahirka, Tehsil and District Jind (Haryana). The applicant was sanctioned a loan of Rs.2 crores by HDFC Bank on 16.9.2022 out of which Rs.1.70 crores has been transferred to the Bank account of the informant company and balance Rs.30 lacs is in CC Limit. Besides the above amount, the applicant has transferred Rs.66,64,000/-, Rs.36,14,500/- and Rs.2,65,000/- by cheque to the informant company as security money with the understanding that the amounts would be refunded once loan is sanctioned. The informant company illegally presented the cheque for encashment and when the same got dishonoured has initiated proceedings under the Negotiable Instrument Act under Section 138. The informant company violating the terms of the agreement itself entered into a tripartite agreement between the applicant and one Sarovar Agro Forms and Bio Gas Pvt. Ltd., with a purpose to deceive the applicant.

5. Sarovar Agro Forms and Bio Gas Pvt. Ltd., does not hold a valid licence. The informant company has not supplied the CBG/Green Diesel to the applicant despite the fact that the applicant has invested huge sum of money and complied his part of the agreement. Besides the applicant is facing huge losses inasmuch as he has not been able to pay the EMI of the loan and is facing proceedings under the SARFAESI Act.

6. The applicant has also lodged an FIR against the informant Company on 18.9.2024 giving rise to Case Crime No. 413 of 2024 under Sections 420, 406, 467, 468, 471, 506, 120-B IPC, Police Station Sector 63, Noida Gautam Budh Nagar. As a counter blast to the Case Crime No. 413 of 2024, the present proceedings have been initiated.

7. It is further argued that the applicant on gathering the information that the informant Company is nothing but a fraud company terminated the Agreement dated 8.10.2020 by Notice dated 22.6.2023. The District Magistrate, Jind has cancelled all certificates issued in respect of the land of the applicant, which was obtained by the informant company fraudulently by the informant company. The applicant is himself a victim of the fraud played by the informant company as a result of which the applicant is suffering immensely. In any case, the disputes is a civil dispute and has been given the colour of criminal disputes and applicant may not be prosecuted criminally. The applicant is languishing in Jail since 13.9.2024. There is no criminal history of the applicant. Co-accused Utkarsh Gupta has been granted bail. Charge-sheet against the applicant has already been filed on 30.112024 and custodial interrogation of the applicant is no longer required. Hence, bail has been prayed for.

8. Per contra, learned AGA Shri Rajesh Kumar opposing the bail plea of the applicant submits that the applicant is the main accused of the present case and in a pre-planned manner conspiring with the other co-accused persons stolen the confidential and relevant documents as well as data of the customers without permission of the company and causing it financial loss. He, however, could not dispute the submissions made by the learned counsel for the applicant from the record.

9. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

10. Accordingly, the bail application is allowed.

11. Let the accused-applicant, Mukesh Khatri, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

12. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 27.2.2025/Deepak/ DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

applicant, Shri Rajesh Kumar, learned AGA for the State- respondent and perused the records. None appears on behalf of the first informant despite service of notice.

2. The instant bail application under Section 439 of the Code of Criminal Procedure, at the instance of applicant Mukesh Khatri, has been filed seeking enlargement on bail in Case Crime No. 82 of 2024, under Sections 420, 467, 468, 469, 471, 472, 120-B, 504, 506 IPC and Sections 66-B 66-C, 66-D Information Technology Act, Police Station Kasna, District Gautam Budh Nagar during the pendency of the trial before the Court below.

3. It has argued that the applicant is absolutely innocent and has been falsely implicated in this very case as an accused for ulterior motive. The applicant is in custody since 13.9.2024. His bail application was rejected by the learned Sessions Court vide order dated 7.10.2024.

4. It is further argued that the applicant along with 12 other co- accused have been implicated with the allegation that the applicant has got executed an Agreement dated 8.10.2020 with the company of the first informant, namely, M/s Nexgen Energia Ltd., for appointment of dealer for retail sale of CBG/green diesel and also has a licence from Oil and Natural Gas Ministry, Union of India. The informant company issued appointment letter dated

17.10.2020 to the applicant to set up a retail outlet over the land of the applicant being Khasra No. 1187/1/1 CH 293.698 Narwara Rohtak Road, NH-352, Village Ahirka, Tehsil and District Jind (Haryana). The applicant was sanctioned a loan of Rs.2 crores by HDFC Bank on 16.9.2022 out of which Rs.1.70 crores has been transferred to the Bank account of the informant company and balance Rs.30 lacs is in CC Limit. Besides the above amount, the applicant has transferred Rs.66,64,000/-, Rs.36,14,500/- and Rs.2,65,000/- by cheque to the informant company as security money with the understanding that the amounts would be refunded once loan is sanctioned. The informant company illegally presented the cheque for encashment and when the same got dishonoured has initiated proceedings under the Negotiable Instrument Act under Section 138. The informant company violating the terms of the agreement itself entered into a tripartite agreement between the applicant and one Sarovar Agro Forms and Bio Gas Pvt. Ltd., with a purpose to deceive the applicant.

5. Sarovar Agro Forms and Bio Gas Pvt. Ltd., does not hold a valid licence. The informant company has not supplied the CBG/Green Diesel to the applicant despite the fact that the applicant has invested huge sum of money and complied his part of the agreement. Besides the applicant is facing huge losses inasmuch as he has not been able to pay the EMI of the loan and is facing proceedings under the SARFAESI Act.

6. The applicant has also lodged an FIR against the informant Company on 18.9.2024 giving rise to Case Crime No. 413 of 2024 under Sections 420, 406, 467, 468, 471, 506, 120-B IPC, Police Station Sector 63, Noida Gautam Budh Nagar. As a counter blast to the Case Crime No. 413 of 2024, the present proceedings have been initiated.

7. It is further argued that the applicant on gathering the information that the informant Company is nothing but a fraud company terminated the Agreement dated 8.10.2020 by Notice dated 22.6.2023. The District Magistrate, Jind has cancelled all certificates issued in respect of the land of the applicant, which was obtained by the informant company fraudulently by the informant company. The applicant is himself a victim of the fraud played by the informant company as a result of which the applicant is suffering immensely. In any case, the disputes is a civil dispute and has been given the colour of criminal disputes and applicant may not be prosecuted criminally. The applicant is languishing in Jail since 13.9.2024. There is no criminal history of the applicant. Co-accused Utkarsh Gupta has been granted bail. Charge-sheet against the applicant has already been filed on 30.112024 and custodial interrogation of the applicant is no longer required. Hence, bail has been prayed for.

8. Per contra, learned AGA Shri Rajesh Kumar opposing the bail plea of the applicant submits that the applicant is the main accused of the present case and in a pre-planned manner conspiring with the other co-accused persons stolen the confidential and relevant documents as well as data of the customers without permission of the company and causing it financial loss. He, however, could not dispute the submissions made by the learned counsel for the applicant from the record.

9. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

10. Accordingly, the bail application is allowed.

11. Let the accused-applicant, Mukesh Khatri, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

12. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 27.2.2025/Deepak/ DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad