Malkeet Singh Alias Baba Balveer Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The present regular bail has been filed by the applicant in Case Crime No.76 of 2024, registered at Police Station Rajpur, District Dehradun.

The applicant – Malkeet Singh alias Baba Balveer Singh is in judicial custody under Sections 406, 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860.

As per the First Information Report, the co-accused Kiran Pal and his two brothers are the owner of the property-in-question. They executed an agreement to sell in favour of the informant. They received the amount from the informant. The informant later came to know that the said property was mortgaged with the bank.

Heard Mr. Parikshit Saini, learned counsel for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Pawan Kumar Nath, learned counsel for the informant.

Mr. Parikshit Saini, Advocate contended that the applicant has not received any money from the informant. He has been falsely implicated in the present matter. Kiran Pal and his brothers, the co-accused, have conceded that they had executed an agreement to sell. According to the co-accused Kiran Pal and his two brothers they are still willing to execute the sale-deed. They conceded in their anticipatory bail application (ABA No.583 of 2024) that the property was mortgaged with the bank, but, there was an understanding that once the informant would pay the money, the property would be released and sale-deed would be executed.

Mr. Parikshit Saini, Advocate, further submitted that the Kiran Pal and his two brothers have already been granted anticipatory bail. Applicant does not have any criminal antecedents. He is in judicial custody since 21.09.2024 and the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pradeep Lohani, Advocate and Mr. Pawan Kumar Nath, Advocate opposed the bail application.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Malkeet Singh alias Baba Balveer Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.