Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S

438 CR.P.C. No. - 5289 of 2022

Applicant :- Amita Garg And 6 Others

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Ram Kishore Pandey,Ajay Kumar Bashist Singh

Counsel for Opposite Party :- G.A.,Hitesh Pachori

Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Ram Kishore Pandey, learned counsels for

the applicants, learned A.G.A for the State and Sri Ajay

Shyam Prajapati, holding brief of Sri Hitesh Pachori,

learned counsel for the informant/ complainant.

2. The instant anticipatory bail application has been filed

on behalf of the applicants, Amita Garg, Vashudev Garg,

Chaitanya Garg, Radhika, Sanjay Dixit, Mohd. Gulzaf

Joieya and Vishan Singh, with a prayer to release them

on transit / anticipatory bail in Case Crime No.437 of

2022, under Sections 504, 506, 384, 467, 468, 120-B

IPC, Police Station- Mansarovar, District - Jaipur City

(South).

3. The brief facts of the case are that the applicant no. 1

at present is aged about 58 years, the applicant nos. 2

and 3 are the sons and the applicant no. 4 is the daughter

of applicant no. 1 and the applicant nos. 2 to 4 are the

directors of several companies including the Rajdarbar

Infotech Private Ltd. Head Office of Rajdarbar Infotech

Pvt. Ltd., situated at Agra. The applicant nos. 5 and 7 are

the employees of said company. The applicant no. 6 was

earlier director of complainant's company. All the

applicants have good reputation and high moral value in

the society having business of real estate and

construction of the township as well as colonies all over

country in different cities.

4. Huge amount has been paid to the opposite party no.

3, who is majority representative of M/S Narayan Mahima

Real Estate Private Limited, having its office at Jaipur

through the M/S Pink City Infrastructure Pvt. Ltd., for

providing the land of 380 bighas at Jaipur for the

development of Township and the colonies. However, till

date only 80 bighas of land has been provided and the

money has not been returned to the applicant's company

through the Pink City Infrastructure Pvt. Ltd.

5. Pink City Infrastructure Pvt. Ltd., has lodged a First

Information Report against the opposite party no. 4

(Gyanchand Agrawal) and other persons at Agra which

has been registered as First Information Report No. 0508

of 2021 on 11.12.2021 at Police Station - Hari Parvat,

Agra, under Sections - 120-B, 406, 420, 467, 468, 471

IPC as they have cheated the applicant's company and

not provided the land as agreed therefore, as a counter

blast First Information Report No.437 of 2022 has been

lodged by the opposite party no. 3 against the applicants

and several other persons only to create pressure upon

them to appear the court at Jaipur. He has further

submitted that by using political pressure, opposite parties

no.3 and 4 have lodged 16 different First Informant

Reports against the applicants and others and out of 16

cases, the applicants have been granted transit bail in 15

cases.

6. Learned counsel for the applicants has submitted that

the FIR has been lodged at the Police Station-

Mansarovar, Jaipur City (South), Rajasthan and the

applicants are the residents of District - Agra in the State

of U.P. They are willing to appear before the court

concerned at Jaipur, Rajasthan for the purpose of getting

bail. However, they may be granted transit anticipatory

bail for short time so that they may appear before the

competent court at Jaipur under limited protection granted

by this court by way of time bound transit anticipatory bail.

7. Learned A.G.A has opposed the prayer made on behalf

of the counsels for the applicants and has submitted that

this Court has no jurisdiction to grant any protection to the

applicants. The offence has taken place outside the state.

They may appear before the court concerned and apply

for bail / anticipatory bail