Allowed

Ashok Kumar v. State of U.P.

Allahabad HC13 Jul 2022BAIL/23705/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a cheating case involving Sale Deed disputes. Releasing the applicant on personal bond and sureties while setting conditions to prevent tampering with witnesses or abuse of liberty, citing Article 21.

What did the court decide?

Release of applicant on personal bond and two sureties subject to conditions regarding court attendance and evidence tampering.

Ashok Kumar Vs State of U.P. — Contract and Commercial Disputes | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23705 of 2022

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Applicant :- Ashok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Akhilesh Kumar,Laxmi Kant Shukla Counsel for Opposite Party :- G.A.,Mahendra Tripathi

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant; Sri Mahendra Tripathi, learned counsel for the informant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Ashok Kumar, with a prayer to release him on bail in Case Crime No. 451 of 2020, under Sections 420, 406, 506, 120B IPC, Police Station Hari Parvat, District- Agra, during pendency of trial.

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There is allegation against the applicant that he has taken sale consideration of Rs.26 lacs out of total sale consideration of Rs.30 lacs for execution of sale deed in favour of the other side. He has not executed the sale deed after execution of the agreement to sale. The suit in this regard for decree of specific performance of contract has already been instituted before the civil court, which is pending. The applicant has executed further such agreements in favour of third parties.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case due to some ulterior motives. The applicant is languishing in jail since 11.02.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail of the applicant that during the pendency of the suit, the applicant has executed further agreement to sale in favour of the third party. He is not entitled to be enlarged on bail.

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After hearing rival contentions, it appears that as per Section 54 of the Transfer of Property Act, mere execution of agreement to sale does not confers any right or title in the property. Mere execution of agreement to sale will not amount to passing of title of the property and in case further agreement to sale is executed, they will not effect the title of the first vendee.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 13.7.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.07.13 17:48:41 IST Reason: Location: High Court of Judicature at Allahabad

Ashok Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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