Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8986 of 2020 Applicant :- Manoj Kumar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Tripathi,Sarvanand Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned counsel for the informant in the Court today is taken on record.
Heard learned counsel for the applicants, Sri Amit Verma, learned counsel for the informant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Manoj Kumar Singh and Rajkumar Singh, with a prayer to release them on bail in Case Crime No. 1769 of 2020, under Sections- 420, 406 I.P.C., Police Station- Indrapuram, District- Ghaziabad, during pendency of trial.
The applicants were granted interim anticipatory bail by the order dated 10.12.2020 on the statement of the learned counsel for the applicants that the applicants are builders and it will take at least six months time to settle their liabilities with the bank. There is allegation against them that they have sold the property whereupon there was a bank loan.
Learned counsel for the informant has submitted that proceedings against the applicants have been initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) by the bank. It is a clear case of cheating. No efforts have been made by the applicants to settle the loan with the bank. From the information given under the R.T.I., the bank has also stated that it is going to lodge F.I.R against the applicants.
After having heard learned counsel for the parties and upon perusal of material brought on record, the bonafide of the applicants appears doubtful.
The interim anticipatory bail granted to the applicants on 10.12.2020 is hereby cancelled.
The anticipatory bail application is rejected.
Order Date :- 5.4.2021 KS