Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15941 of 2010 Petitioner :- Kuldeep Singh Respondent :- State Of U.P. Petitioner Counsel :- Sushil Shukla Respondent Counsel :- Govt. Advocate,J.P.Tripathi Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and
counsel for the complainant, and perused the record.
Learned counsel for the applicant submitted that there was plot No.
374, Block-H, Scheme-I, Kakadev,Kanpur Nagar belonging to the
applicant regarding which the applicant entered into an agreement
with the informant for construction of flats. According to
partnership deed the construction was to be raised by the
informant, Ajay Kumar Sonkar and after sale of the flat, 42% was
to be paid to the applicant and 58% of the sale amount was to be
taken by the complainant. Further there was a condition in the
agreement that the transfer of the flat would be not by a single
person but by consent of both the partners and any of the party will
not have right to sale or transfer. Thereafter six flats were
constructed by the informant. He prepared forged power of
attorney in favour of his son Jayesh Sonkar and on the basis of
that forged power of attorney, one of the flat was sold.
Subsequently since there was some objection, hence the
construction was seized by Kanpur Development Authority, hence
remaining five flats could not be transferred. First information
report was lodged by the applicant then the allegation on the basis
of forged power of attorney the flat was transferred and even the
share of the applicant was not paid. In that case after investigation
charge sheet was submitted. There was arbitration clause also that
if there would be any dispute between the parties, the sole
arbitrator will be Mr. Ghanshyam Das. The matter was filed before
Arbitrator for cancellation of the partnership since there was
violation of the agreement and on the basis of forged power of
attorney the flat was sold by the informant through his son. The
order of the arbitrator was challenged before the District Judge and
the petition was dismissed by the District Judge Kanpur Nagar on
3.5.2007. On the basis of false allegation, first information report
was lodged by the informant with the allegation that the applicant
has prepared a forged power of attorney, and had assaulted and
abused the informant. During investigation story of abuse and
assault was found incorrect. However charge sheet has been filed
under Sections 420, 467, 419, 468, 470, 471, 504, 506 IPC read
with Section 3(1)(X) SC/ST Act. The alleged forged power of
attorney was not used by the applicant and he has not gained
anything. However the correct fact of the allegation is to be
decided by the competent court. However the applicant is in jail
since 10.6.2010.
Learned A.G.A. and counsel for the complainant opposed the
prayer for bail. Counsel for the complainant contended that in fact
power of attorney was in favour of son of the applicant. However
subsequently the forged power of attorney was prepared by the
applicant which was placed before K.D.A. and District Judge.
Considering the arguments of the parties without expressing any
opinion on merit of the case, at this stage, it is a fit case for bail.
Let the applicant namely, Kuldeep Singh be released on bail in
Case Crime No. 37 of 2009, under sections 419, 420, 467, 468,
470, 471, 504, 506 IPC read with Section 3(10 (X) SC/ST. Act
P.S. Kakadev, District Kanpur Nagar on his furnishing a personal
bond with two heavy sureties each in the like amount to the
satisfaction of the Court concerned.
Order Date :- 13.7.2010
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