Gopal Singh Bisht vs State Of Uttarakhand

Alok Kumar Verma, J

This is an Application for grant of regular bail in connection with the First Information Report No.463 of 2022, registered at police station Kashipur, District Udham Singh Nagar under Section 420 of the Indian Penal Code, 1860 (for short, “IPC”).

Heard Mr. Siddhartha Sah, learned counsel for applicant and Mr. V.S. Rathore, learned AGA for the State.

Mr. Siddhartha Sah, Advocate, has submitted that as per FIR, co-accused Ajeet Gupta was the owner of the plot in-question. Applicant along with the co-accused persons told the informant that they would construct a building on the said plot and hand it over to the informant within two years, for which, the informant had paid Rupees three lakh to Ajeet Gupta through the present applicant and the co-accused Brijesh Sharma.

Mr. Siddhartha Sah, Advocate, has further submitted that Ajeet Gupta, co-accused, had executed a sale deed of the said plot in favor of the informant and the name of the informant has been mutated in the revenue records; there was no such agreement between the parties that the present applicant and co-accused persons would construct a building on the said plot and give it to the informant and for that they had not taken any amount from the informant; co-accused persons have been granted interim relief in the petition, filed under Article 226 of the Constitution of India; applicant is in custody since 28.04.2023; he has not been convicted by any Court; he is a permanent resident of District Almora, and, the said offence is triable by Magistrate.

On the other hand, learned counsel for the State has opposed the bail application. He submitted that there was no such written agreement between the parties, however, there was verbal agreement between the parties that the applicant along with the co-accused persons would construct a building over the plot in-question.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Gopal Singh Bisht be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.