Allahabad High Court
Arun Kumar Mishra vs State Of U.P. on 8 July, 2019
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- BAIL No. - 6508 of 2019
Applicant :- Arun Kumar Mishra
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amrendra Nath Tripathi,Ritesh Ranjan Chaubey
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Vakalatnama filed by Mr. Rajnish Ojha, Avocate on behalf of the complainant is taken on record.
Heard Shri J.N. Mathur, Senior Advocate assisted by Amrendra Nath Tripathi, learned counsel for the applicant, learned A.G.A for the State of U.P., Shri Rajnish Ojha Advocate, learned counsel for the complainant and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.0081 of 2019 under Sections 406 and 420 I.P.C, Police Station Hazratganj, District Lucknow, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that complainant entered into an agreement with Ms.Richa Agarwal for purchasing the property of Richa Agarwal. Learned counsel for the applicant has further submitted that the complainant has not made any deal with the M/s Ansal Properties and Infrastructure Ltd. (hereinafter referred as Company). Learned counsel for the applicant has further submitted that the applicant is an employee of company working on the post of President, Lucknow Project. He has further submitted that due to unavoidable circumstances, the plot could not be made available to complainant who is the second purchaser in time, therefore, FIR was lodged. He has further submitted that later on a settlement agreement was executed between with company and along with the informant & other purchasers on 23.05.2019. Shri Rajnish Ojha, Advocate appeared on behalf of the complainant and informed that in pursuance of the settlement agreement dated 23.06.2019 the property has been handed over to the complainant as mentioned in Table No.1 appended as Page 36 of the application. The complainant Mr. Karuna Sindhu, appeared in person before this Court and submitted that he has no grievances regarding the plot in question. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and conceded the statement of the complainant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Arun Kumar Mishra- be released on bail in Case Crime No.0081 of 2019, on his/their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 8.7.2019
Amit/-
