(1.) Heard Ms. Katyayni and Sri Pankaj Shukla, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate, Sri Syed Imran Ibrahim, the learned counsel for the accused - respondents and perused the record.
(2.) The present application has been filed seeking cancellation of the order dtd. 21/10/2020 passed by the learned Additional Sessions Judge, Court No.1, Mathura in Bail Application No. 2832 of 2020 whereby the accused - respondent nos. 2 to 7 have been granted bail in Case Crime No.312 of 2020, under Ss. 406, 420, 467, 468, 120-B IPC, Police StationNauhjheel, District Mathura.
(3.) The aforesaid order states that the accused persons were produced before the Court from jail and they had given an application stating that they had taken the money in question from the applicant in the year 2016; that they had entered into a settlement / MOU with the informant; that they had paid a sum of Rs.40.00 lacs only to the informant in part performance of the settlement and they had issued post dated cheques to the informant in respect of the balance amount and they further stated that they would follow the terms of the settlement. The order further records that the informant also gave an application stating that she was satisfied with the settlement made by the applicants and the cheques given by them and she had no objection to the bail being granted. The Court further recorded that a perusal of the documents indicated that the accused persons had issued a promissory note stating that ten cheques have been issued to the informant and a compromise has been arrived, a settlement has been entered into between the parties and the MOU had been executed and the accused persons stated that they would follow the terms of the MOU. The Court further recorded that the informant had also filed an application stating that she was satisfied by the promise made by the applicant and she had no objection against grant of bail to the accused person.