High CourtsSingle Bench(2024) 11 UK CK 0138

Sharad Garg vs State Of Uttarakhand

Uttarakhand High Court · Decided on 27 November 2024

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1561, 1566 Of 2024

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Judgment

12 paragraphs · 363 words

Ravindra Maithani, J

1.

Since both these bail application arise from one and the same FIR, they are decided by this common order.

2.

Applicants are in judicial custody in FIR No. 76 of 2024, under Section 120B, 406, 420, 467, 468, 471 IPC, Police Station Rajpur, District Dehradun. They have sought their release on bail.

3.

Heard learned counsel for the parties and perused the record.

4.

According to the FIR, the informant was persuaded to purchase some land, so that it may be sold to a third person on higher rates. Initially, inducement was made by the co-accused, but it is stated that subsequently, the applicants were also part of the team, who persuaded the informant to purchase the land. The informant paid a huge amount. According to the informant, he was cheated.

5.

Learned counsel for the applicants would submit that no money was deposited in the account of the applicants . There is no specific allegation against the applicants. Charge sheet has already been filed under Section 420, 406 and 120B IPC. It is not a case which may require any custodial interrogation of the applicants now.

6.

Learned Senior Counsel appearing for the informant would submit that the applicants are habitual offender. A case of similar nature has already been lodged against them at Police Station Vasant Vihar, Dehradun and another case, it is stated that, is lodged against the applicants in District Saharanpur. It is argued that, in fact, the applicants had taken money in cash from the co-accused, in whose account money was deposited.

7.

Learned State counsel adopts the arguments as advanced by learned counsel for the informant.

8.

Learned counsel for the applicants would submit that in the case of Police Station Vasant Vihar, Dehradun, the applicants have been exonerated.

9.

Having considered the entirety of facts, this Court is of the view that the applicants deserve to be enlarged on bail.

10 The bail applications are allowed.

11.

Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties by each one of them, each of the like amount, to the satisfaction of the court concerned.