PANKAJ GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. A.B.L. Gaur, learned Senior Advocate assisted by Mr. Tejasvi Misra, learned counsel for the applicant, Mr. Syed Shahnawaz Shah, learned counsel for the informant and learned Additional Government Advocate representing the State and perused the record of the case.

(2.) By means of this application, the applicant, who is involved in Case Crime No. 580 of 2019, under Sections 420, 467, 468, 471 and 506 IPC, police station Medical College, district Meerut, is seeking enlargement on bail during the trial.

(3.) It is submitted by learned counsel for the applicant that in the year 2013, the applicant's Company, namely, M/s Ranjana Associates was allotted a piece of land measuring 895.00 square metre situated at Commercial Building No. 7, Com-1, Plan-6, Jagriti Vihar, Meerut by Avas Vikas Parishad, Meerut, and subsequently, by means of a letter of allotment dated 31.7.2015, possession was handed over to the applicant's Company. Pursuant to the allotment letter dated 31.7.2015, applicant's Company was to pay total amount of Rs. 2,58,32,385/-(rupees two crore fifty eight lac thirty two thousand three hundred eighty five only), out of which applicant has paid total amount of Rs. 1,77,00,000/-(rupees one crore seventy seven lac only) to Awas Vikas Parishad, Meerut. After taking possession of the land and paying aforesaid amount, applicant started utilizing the land and entered into an agreement to sell the plot in question to various persons. Similarly, applicant had also entered into an agreement with the informant on 30.6.2018 to sell a plot, on which office was proposed to be built comprising of 46.45 square metre for a consideration of Rs. 12,00,000/-(rupees twelve lac only) and out of which, Rs. 3,00,000/-(rupees three lac only) was paid by the informant as earnest money, whereas rest of the amount was to be paid at the time of execution of sale deed. It is also submitted that the applicant was involved in completion of construction work of the office and its furnishing, but possession of the said office could not be handed over to the informant within stipulated time by 30.6.2019. The informant taking the benefit of this situation, tried to grab the property in question and always dominated upon the applicant. The applicant, aggrieved by the act and conduct of the informant-Smt. Anita Singh Rana and her husband, lodged first information report against Naresh Singh Rana, the husband of the informant and his friends, namely, Kuldeep Chauhan and Kuldeep Sharma on 21.7.2019, which was registered as Case Crime No. 533 of 2019, under Sections 504 and 506 IPC, police station Medical College, district Meerut. Subsequently, the informant-Smt. Anita Singh Rana in order to create pressure upon the applicant lodged first information report on 10.8.2019 against the applicant, in which the applicant is seeking bail.