LAWS(ALL)-2023-9-14

CHARANJEET KAUR Vs. STATE OF U.P.

Decided On September 20, 2023
Charanjeet Kaur Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

(2.) This anticipatory bail application (under sec. 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 512 of 2014, under Sec. 420, 467, 468, 471, 406, 120-B, 506 IPC, P.S. Swar, District Rampur during the pendency of trial.

(3.) As per prosecution case, one Devendra Singh son of Avtar Singh met the informant and said that two partners of Shri Dashmesh Stone Crusher, Manpur North, Police Station Swar, District Ramupar, namely, Jagpal Singh son of Gurmukh Singh and Daljit Singh son of Anokh Singh are equal shareholders of 50% and Jagpal Singh has withdrawn his 50% share as per the Partnership Deed dtd. 22/11/2010 and asked the informant to take his share. It is alleged that the applicant who is wife of co-accused Daljit Singh, also gave assurance to the informant, on which a partnership deed was written in Tehsil Swar dtd. 16/2/2013, according to which 40% share of the informant, 20 % share of Devendra Singh and 40% share of Daljeet Singh was found fixed in the said stone crusher. Daljit Singh and Devendra Singh are said to have taken Rs.1,50,00,000.00 from the informant and after making some deductions, wrote Rs.1,46,68,010.00 on the partnership firm. It is further alleged that after this, co-accused Devendra Singh told the informant that he wants to sell his 20% share to Harjinder Singh and co-accused Daljit Singh wants to sell his 35% share to Dinesh Kumar Mishra. On 18/1/2014, a partnership deed was typed by co-accused persons, namely, Daljeet Singh and Devendra Singh in Tehsil Swar, on which the informant put his signature at the request of the accused persons and it was registered. It is further alleged that on 3/2/14, co-accused Daljit Singh came to the informant and took Rs.50.00 lakh from the informant for purchasing raw materials, after that he did not give any share of the profit in the said stone crusher to the informant. The informant has no information about the documents etc. The informant told the accused that he had given Rs.2.00 crore in the stone crusher and the informant had 40% share thereafter on 10/8/2014, the accused told the informant at the stone crusher that money was to be extorted from him and now the informant will not get any share and the partnership deed dtd. 16/2/2013 is fake and forged and in case he would ask for further money, he would be killed.