VYANKAT PUNDIR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Ss. 420, 467, 468, 471 and Sec. 120 B of the Indian Penal Code, 1860 in connection with the Case Crime No.444 of 2022, registered at police station Vikasnagar, District Dehradun.

(2.) An FIR was lodged by the informant-Mukhtar Ahmed on 18/11/2022 with the allegations that the co-accused persons executed a sale deed dtd. 27/5/2022 in favour of the present applicants by stating that they are the owner of the land-in-question, whereas the father of the informant is the owner and in possession over the land-in-question.

(3.) Mr. Pawan Mishra, Advocate, contended that when the sellers, co-accused persons, came to know that the sale deed dtd. 27/5/2022 was wrongly executed in favour of the present applicants, then they filed an Original Suit No.141 of 2022 before the Court of Civil Judge, Vikas Nagar, District Dehradun seeking the relief of cancellation of the said sale deed dtd. 27/5/2022. The said suit was decided with the consent of the parties and the sale deed dtd. 27/5/2022 was cancelled and the Registrar concerned was informed accordingly. Applicants are permanent resident of District Dehradun, therefore, there is no likelihood of their absconding, and, they have no criminal antecedents.