Allowed

Anil Kumar Gupta v. State of U.P. and Another

Allahabad HC8 Apr 2022BAIL/6410/2022

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the applicant in a Section 420 IPC cheating case, conditioned on the deposit of a loan amount, redemption of mortgaged property, and execution of a sale deed within three months of release.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties, subject to clearing the bank loan, redeeming the property, and executing the sale deed within three months.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6410 of 2022

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Applicant :- Anil Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.,J.P. Singh

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. and perused the record.

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The accused- applicant is involved in Complaint Case No. 32554 of 2020, under Section 420 I.P.C. Police Station Panki, District- Kanpur Nagar.

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It is a case that the applicant after executing an agreement to sell has not executed sale deed in favour of the opp. party no. 2 and at the same time he has mortgaged the disputed property which is the subject matter of the agreement to the bank and took the loan on that.

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Learned counsel for the applicant undertakes that as soon as the applicant releases on bail, he will deposit the whole loan amount taken on the mortgaged property in dispute and if the opp. party no. 2 pays him the rest amount, he will execute the sale deed in his favour within stipulated time fixed by the court.

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Learned counsel for the complainant is also ready on this condition, hence, the applicant be released on bail with the condition that within two months of his release from the jail, he will clear the amount taken from bank. He will redeem the property from mortgage or any other dues and on payment from the opp. party no. 2, he shall execute the sale deed in favour of the opp. party no. 2 within three months from the date of his release on bail. Only on this condition the applicant be released on bail in the aforesaid case.

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Let the applicant Anil Kumar Gupta involved in 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.

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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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Order Date :- 8.4.2022 Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.04.08 17:26:47 IST Reason: Location: High Court of Judicature at Allahabad

Anil Kumar Gupta v. State of U.P. and Another

Case brief

What is this about?

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Anil Kumar Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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