MANMOHAN VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed under Sec. 439(2) read with 482 Cr.P.C. for cancellation of bail granted to the respondent nos. 2 and 3 by the Co-ordinate Bench of this Court vide order dtd. 7/1/2013 passed in A.B.A. No. 264 of 2012 in connection with Dhanbad (Saraidhela) P.S. Case No. 924 of 2011 corresponding to G.R. No. 3766 of 2011 registered u/s 406, 420, 467, 468, 34 I.P.C. Factual Background Of The Case

(2.) As per F.I.R, informant has alleged that development agreement was entered into between the parties on 25/1/2020 and present accused persons (opposite party no.2 and 3) being builders agreed to develop the land in the ration of 36%: 64%. It was also agreed that separate charge of distribution of flat/shops will be attached after mutual understanding between the parties, according to their shares. Accordingly, on 17/11/2010 an agreement was entered into between the opposite party no. 3 and one Akash Verma, Director of Pre-Stressed Udyog Limited and a chart was prepared whereby 17 flats were agreed to be given to the informant. The power of attorney was also given by the informant in favour of opposite party no.3 on 26/6/2010. It is alleged that petitioners, in spite of aforesaid agreement, fraudulently and with malafide intention entered into agreement with Priyanka Agarwal and Hare Krishna Choudhary by depriving the informant from 36 % share, hence, this F.I.R.

(3.) After rejection of prayer for anticipatory bail by the Court of Sessions the opposite party nos. 2 and 3 had filed A.B.A. No. 264 of 2012 before the High Court and they were granted anticipatory bail with following conditions:-