Allowed

Anil Wadhwa S/O Late Atmaram Wadhwa v. State of Rajasthan

Rajasthan HC19 Jan 2021CRLMB/194/2021

Case brief

AI extract

What is this about?

High Court allowed bail application filed under Section 439 Cr.P.C. by petitioner facing charges under various IPC sections related to builder-buyer agreement disputes and alleged cheating and forgery, directing release on personal bond and sureties.

What did the court decide?

Petitioner released on bail upon furnishing personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Anil Wadhwa S/O Late Atmaram Wadhwa Vs… — Contract and Commercial Disputes | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 194/2021

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Anil Wadhwa S/o Late Atmaram Wadhwa, Aged About 44 Years, R/o L-17 A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Divya Ashirwad Properties Pvt. Ltd. And Director Jalsa Infrastructure Pvt. Ltd. Jaipur Raj. (Presently Lodged In Central Jail At Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Suresh Kumar Sahni with Mr. Ram Mohan Sharma through V.C. For State : Mr. Pankaj Agarwal, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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19/01/2021

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Petitioner has filed this bail application under Section 439 Cr.P.C.

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F.I.R. No.719/2015 was registered at Police Station Jawahar Circle Jaipur City (East), Jaipur for offence under Sections 420, 406, 467, 468, 471, 120-B & 384 I.P.C.

¶14

It is contended by counsel for the petitioner that petitioner is in custody since December, 2020. Petitioner entered into a Builder Buyer Agreement with the Complainant. Petitioner along with Amit Bansal took up property for development. Various agreements were entered into between the developers and purchasers but due to inter-se dispute, work could not be completed. It is contented that petitioner has been granted bail in similar type of cases.

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(2 of 2)

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[CRLMB-194/2021]

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It is argued that petitioner has been given benefit of bail in the money laundering case and the only allegation in the said case is that petitioner and his wife took a loan of Rs. 3,24,50,000/from the main accused. It is also contended that RIICO has given a letter that the constructions are being raised in accordance with the plan and there is no violation of the building by-laws. It is also contended that offence is triable by First Class Magistrate.

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Learned Public Prosecutor has opposed the bail application.

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I have considered the contentions.

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Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(PANKAJ BHANDARI),J

¶23

AMIT KUMAR /37

Anil Wadhwa S/O Late Atmaram Wadhwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anil Wadhwa S/O Late Atmaram Wadhwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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