Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 5279 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. Gulzar

Joieya and Vishan Singh, with a prayer to release them on

transit / anticipatory bail in Case Crime No.440 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 the majority representative of M/S Akash Ganga Ebod

Private 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.440 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

14 different First Informant Reports on same date against the

applicants and others and out of 14 cases, the applicants have

been granted transit bail in 11 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

and the present application