Uttarakhand High Court
Som Dutt Kala vs State Of Uttarakhand on 27 February, 2017
Author: U.C. Dhyani
Bench: U.C. Dhyani
BA1 No. 115 of 2017 Hon'ble U.C. Dhyani, J.
Mr. Niranjan Bhatt and Mr. William Akbar Chand, Advocates, present for the applicant.
Mr. K.S. Rautela, Government Advocate assisted by Mr. Prem Kaushal Brief Holder, present for the State/respondent.
Mr. S.K. Shandiliya, Advocate, present for the complainant.
Applicant-Som Dutt Kala, who is in jail in connection with Case Crime No. 210 of 2016 relating to offences punishable under Sections 420, 467, 468, 471, 506 & 120-B of I.P.C., registered at Police Station Dalanwala, Dehradun, District Dehradun, has sought his release on bail.
Heard learned counsel for the parties, perused the material brought on record and considered the grounds taken up in the bail application.
Initially an F.I.R. was lodged against four named accused, including the applicant, for the offences punishable under Sections 420, 467, 471, 506 & 120-B of I.P.C. alleging therein that on the basis of fake document the accused persons sold the land in favour of the reporter/complainant and also threatened her with dire consequence.
On the objection of the learned counsel for the complainant, learned counsel for the applicant further submitted that they will not came in the way of reporter/complainant in a bid to get a sum of Rs. 1.7 crores (Rupees one crore seven lacs only) released in favour of the reporter/ complainant.
Learned counsel for the applicant submitted that applicant is in jail since 08.12.2016 and has no previous criminal history. Present applicant is power of attorney holder of Amit Aggarwal (main accused).
Considering the entire conspectus of things, as also the grounds taken up in the bail application, this Court is of the opinion that the applicant should be granted bail.
Bail application is allowed. Let the applicant be enlarged on bail on his executing a personal bond and furnishing two reliable sureties each of like amount to the satisfaction of the Magistrate concerned.
If the applicant comes in the way of the reporter/complainant in a bid to get a sum of Rs. 1.7 crores (Rupees one crore seven lacs only) released in her favour, the reporter/complainant shall be at liberty to move an application before this Court for cancellation of bail of the applicant, in accordance with law.
(U.C. Dhyani, J.) 27.02.2017 mamta