AJAY GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in both these petitions is for grant of anticipatory bail in FIR No.134 dated 15.11.2019 under Sections 406 , 419 , 420 , 465 , 467 , 468 , 471 , 474 , 120-B IPC, registered at Police Station Mullanpur, District SAS Nagar (Mohali).

(2.) Learned counsel for the petitioners submits that as per allegations in the FIR, registered at the instance of complainant Ramesh Kumar Saini, the accused persons (11 in number), including petitioners Ajay Gupta and Teja Singh, in conspiracy with each other, entered into an agreement to sell in favour of complainant qua the land, which was, in fact, shamlat land of Gram Panchayat and by posing it to be the land owned by co- accused Gurdial Singh, Harcharan Singh, Daljit Singh and Harbaksh Singh along with other accused persons, who are properly dealers and alleged GPA holders of the aforesaid persons, allured the complainant to part away Rs.30.00 lacs as earnest money.

(3.) Learned counsel for the petitioners has argued that in fact, both petitioners Ajay Gupta and Teja Singh, who are arrayed as accused No.7 & 11 respectively, are property dealers. It is further argued that both the petitioners had only helped the parties to enter into the agreement to sell and they are not the beneficiaries. It is also argued that as per the FIR, an amount of Rs.1.00 lac was paid to Sanjeev Kumar and Rs.3.00 lacs were paid to petitioner Teja Singh by co-accused, who received total amount of Rs.30.00 lacs, as earnest money from the complainant. Learned counsel has thus argued that no offence against the petitioners is made out, therefore, they are entitled to concession of anticipatory bail.