Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 334 of

2023

Applicant :- Ratan Chandra Dwiwedi

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

Counsel for Applicant :- Shailendra Singh Rajawat,Sunder

Singh

Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Sri Ran Vijay Singh,

learned A.G.A. for the State and perused the record.

Instant bail application has been filed with a prayer to release

the applicant on bail during the trial in Case Crime No.76 of

2022, under Sections 409, 420 IPC, Police Station- Gomtinagar,

District Lucknow.

Learned counsel for the applicant submits that the applicant is

real estate developer and he was sent to jail on 10th July, 2021

and in between the instant first information report has been

lodged by the informant under suspicion that the amount of

Rs.7,500/- deposited by the informant will be duped by the

applicant. He submits that the applicant is bonafide vendor and

he admittedly has received Rs.7,500/- from the informant and

later on he had issued a notice to the informant for depositing

the rest of the amount of Rs. 1,25,000/- but the same has still

not been deposited. The applicant is still ready to execute sale

deed in favour of informant with the condition that he deposits

Rs.1,25,000/-. He added that there is no any unlawfulness on

the part of the present applicant and he is bonafide vendor. He

further added that in approximate 51 cases, the present

applicant has been enlarged on bail and he further added that

the applicant in jail since 10th July, 2021. In case, he is granted

bail, he will not misuse the liberty of bail and would cooperate

in the trial proceedings.

He further added that the applicant undertakes that he will

execute the sale deed with condition that informant will deposit

Rs.1,25,000/- to the present applicant and further if he is not

willing to purchase the plot in question, the applicant is ready to

refund the aforesaid amount of Rs.7,500/- in favour of the

informant.

On the other hand, learned A.G.A. for the State vehemently

opposed the contention aforesaid and submits that there are

allegation against the present applicant for duping the money of

the informant and as such he is not entitled to release on bail

though he has no objection if the applicant is ready to repay the

amount in case the informant is not willing to purchase the plot

in question or the applicant gets executed the sale deed in

favour of the informant after getting outstanding amount.

Having heard the learned counsel for the parties and after

perusal of record, it seems that present applicant is bonafide

vendor and he has admitted that he has taken amount Rs.7,500/-

from the informant in lieu of a plot but that could not be

transferred in the name of the informant as he has been sent to

the jail. Further Rs.1,25,000/- is outstanding amount which has

to be paid by the informant. Further the applicant has been

enlarged on bail in approximate 51 cases; he is languishing in

jail since 10.07.2021.

Considering the submissions of learned counsel of both sides,

nature of accusation and severity of punishment in case of

conviction, nature of supporting evidence, prima facie

satisfaction of the Court in support of the charge, reformative

theory of punishment and without expressing any view on the

merits of the case, I find it to be a fit case for bail.

Let the applicant- Ratan Chandra Dwivedi involved in the

aforementioned crime be released on bail, on his furnishing a

personal bond and two sureties each in the like amount, to the

satisfaction of the court concerned, with the following

conditions:-

(1) After release on bail, the applicant may execute the sale

deed in favour of the applicant with condition that the informant

will deposit outstanding amount of Rs.1,25,000/- and in case

the informant is not willing to purchase the plot in question, the

applicant will refund the aforesaid amoun