The present application under Section 438 Cr.P.C. has been filed by the applicant namely Manoj Kumar Pal seeking anticipatory bail apprehending arrest in FIR No. 428 of 2019, under Sections 419, 420, 467, 468 and 471 IPC, Police Station Kotwali, District Unnao.
Learned counsel for the applicant has submitted that in the year 2017, the applicant and his friend i.e. co-accused Manoj Kumar Pal were in search of a plot for business purpose and during the course of their search, they came in touch of several land brokers. One of the brokers got the co-accused Santosh Kumar Shukla introduced to the present applicant informing him that co-accused Santosh Kumar Shukla is owner of Plot No.243-A, situated at W Block, Scheme No.2, Juhi, Kanpur and he is interested to sell his plot due to financial need. The deal was finalised between the applicant and co-accused Santosh Kumar Shukla for consideration amount of Rs.65,00,000/-. In this regard, they have entered into an agreement to sell on 15.07.2017. Thereafter, the applicant applied for Home Loan amounting to Rs.49.50 Lacs in which the co-accused Manoj Kumar Pal was a Guarantor. The said loan was sanctioned by the Bank authorities and the amount of Rs.49.50 Lacs was paid through Demand Draft to the co-accused Santosh Kumar Shukla. Thereafter, a sale deed was executed by Santosh Kumar Shukla in favour of the present applicant.
Learned counsel has submitted that after execution of sale deed dated 06.10.2017, the present applicant started making repayment of loan amount and till date, he has repaid about Rs.7,00,000/- to the Bank.
Learned counsel has further submitted that when the present applicant went to take possession over the aforesaid land then he came to know that the co-accused Santosh Kumar Shukla has committed fraud with him by executing a forged sale deed, while he has no concern with the said plot in any manner. It is further submitted that after having knowledge of aforesaid fraud and forgery, the present applicant informed the Bank Authorities that the said fraud was committed by Santosh Kumar Shukla.
Learned counsel has submitted that there is no credible evidence on record which establishes that the applicant has committed the offence as alleged in the FIR. It is submitted that the applicant is a law abiding citizen and shall abide by all the conditions which shall be imposed by this Court while granting anticipatory bail.
Per contra, learned Additional Government Advocate has vehemently opposed the submissions made by learned counsel for the applicant and submitted that the present applicant has committed serious offence. On the basis of instructions, it is further submitted that the FIR was lodged in March, 2019 and the investigation could not be completed and charge sheet could not be filed because the applicant is not cooperating with the investigation and is absconding. It is submitted that since the present applicant is not cooperating with the investigation, therefore, he is not entitled for any concession from this Court.
I have heard learned counsel for the parties and perused the record as well as the FIR.
Perusal of the FIR reveals that the said FIR was lodged in March, 2019 i.e. two years back and till date investigation could not been completed due to non-cooperation of the present applicant. As per the instructions of learned Additional Government Advocate, the present applicant is absconding. Perusal of the FIR also reveals that a serious crime of fraud has been committed by the present applicant and Home Loan of Rs.49.50 Lacs was taken.
After considering the entirety of the matter and looking to the conduct of the present applicant, I do not find any merit or cogent reason to grant anticipatory bail to the present applicant.
Accordingly, the instant application for anticipatory bail is rejected.
Order Date :- 7.4.2021 nishant/-