Allowed

Raj Kumar Khandelwal v. State of U.P.

Allahabad HC23 Jul 2019BAIL/14335/2019

Case brief

AI extract

What is this about?

The single judge allowed a bail application in a cheating and forgery case. The court held it was a fit case for bail because the dispute was essentially civil in nature and the applicant was ready to deposit the disputed money.

What did the court decide?

Bail allowed on personal bond and two sureties conditioned upon payment of dues of Rs. 1.31 Crores over two months and appearance in trial.

Raj Kumar Khandelwal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14335 of 2019

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Applicant :- Raj Kumar Khandelwal Opposite Party :- State Of U.P. Counsel for Applicant :- Muqeem Ahmad,Gaurav Kakkar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This is a bail application on behalf of the applicant in connection with Case Crime No. 90 of 2017, under Sections 406, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Swaroop Nagar, District Kanpur Nagar.

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The contention of the learned counsel for the applicant is that the accused is quite innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that an unregistered agreement was executed between the applicant and the complainant for selling of two flats for the amount of Rs. 1.31 Crores. He submitted that no criminal offence was committed by the applicant and the complainant might have recovered his money by way of civil suit. He next submitted that the complainant has not performed his part, as written in the unregistered agreement, that the complainant has to pay the balance amount to the applicant. He further submitted that the applicant is aged about 70 years and the proof of age is annexed at page no. 20 as Annexure S.A. No. 4 of the third Supplementary Affidavit. He further submitted that although it was a civil dispute, the applicant is ready to pay the amount which was given to him by the complainant if certain time is given. Learned counsel has submitted that they have taken Rs. 48 Lakhs by way of RTGS and Rs. 5 Lakh have already been deposited with the Mediation Centre of Allahabad High Court. He next submitted that the remaining amount, which is about 43 Lakh, the applicant is ready to pay, of which the first installment of Rs. 10 Lakhs will be paid within two months from the date of his release and the remaining amount will be paid in Rs. 5 Lakh in every two months afterwards.

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He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 . The accused is languishing in jail since 16.01.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea but he has fairly conceded that if the amount is being given to the complainant then bail may be granted to the accused. Learned counsel appearing on behalf of the complainant Sri Nilambar Jha has also conceded that mediation is going on between the parties and if their amount is being repaid to them, then they will not oppose the bail application.

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Considering the overall facts and circumstances, that it was a civil dispute between the parties to which criminal colour has been assigned and considering that the applicant is ready to pay the amount, and the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed .

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Let the applicant Raj Kumar Khandelwal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant will pay Rs. 10 Lakh within two months from his release from jail and he will pay Rs. 5 Lakh in every two months after first installment, till the amount is not fully paid.

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ii)The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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ii) The applicant will not tamper with the witnesses and he will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 23.7.2019/ Shanu

Raj Kumar Khandelwal v. State of U.P.

Case brief

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Raj Kumar Khandelwal v. State of U.P.

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