Satish Kumar vs State Of Haryana

Arvind Singh Sangwan, J

Prayer in this petition is for grant of regular bail in FIR No.130 dated 26.09.2019 under Sections 420, 467, 468, 120-B IPC, registered at Police Station

Bhupani, District Faridabad.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.09.2020 and challan stands presented. It is further submitted that

prior to registration of the FIR, the petitioner and his brother had filed a civil suit on 27.03.2017 and now the present FIR has been registered just to

give it the colour of criminal litigation. It is also submitted that primary allegations against the petitioner are that he along with co-accused namely

Bishamber Singh, Vinod Kumar and Rambir have prepared an agreement to sell dated 18.03.2014, vide which the complainant has allegedly agreed to

sell the property in favour of the petitioner. Learned counsel further submits that the said agreement to sell is already subject matter of civil suit and it

will be a matter of evidence whether the complainant has received the money or not. It is next submitted that the offences are triable by the Court of

Magistrate, therefore, it will be take long time in conclusion of the trial.

Learned State counsel has not disputed the factual position.

After hearing learned counsel for the parties, without commenting upon merits of the case and considering the fact that prior to registration of the

present FIR, the matter was already subjudice before the Civil Court, this petition is allowed and the petitioner is directed to be released on regular bail

subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.

Petition is disposed of.