Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56263 of 2019 Applicant :- Suman Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Jitendra Singh learned Brief Holder for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 209 2019, under Sections 419, 420, 504, 506 I.P.C., police station Kotwali City, District Mirzapur.
The Court finds itself unable to countenance the prayer for anticipatory bail for the following reasons.
The applicant asserts herself to be the vendee of a sale deed which was executed on 01 October 2018 by Vipin Kumar Srivastava. The aforesaid transfer was allegedly made without the vendor disclosing to the applicant that the property was encumbered. On the record however the Court finds that the sale came to be registered even before the entire consideration had been paid by the applicant. The applicant is stated to have sold the property further by way of another sale deed of 29 August 2019. The Court however takes into consideration the fact that on 14 August 2019 the property had already been possessed pursuant to a notice issued under Section 14 of the SARFAESI Act. It therefore, cannot be and at least at this stage discounted that the sale transaction was made to defeat a lawful claim of a financial institution. The prayer so made is consequently refused.
The application consequently stands rejected. Order Date :- 17.12.2019/faraz