Vijendra @ Bijendra Kumar Kapil vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Vijendra @ Bijendra Kumar Kapil is in judicial custody in FIR/Case Crime No.92 of 2024, under Sections 420, 120B, 467, 468 & 471 IPC, Police Station Kankhal, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the informant wanted to purchase a property through one Kishore Kumar who came into contact with the applicant. The applicant introduced them to one Dr. Vishal Upadhyaya who had a property. Initially, an agreement to sale was executed. Thereafter, the FIR records that the co-accused Dr. Vishal Upadhyaya executed a sale deed in favour of the husband of the informant. But when, the informant with her husband visited the plot for construction, they were obstructed to do so by some persons.

Learned counsel for the applicant would submit that the applicant did not execute any sale deed; he is neither witness nor any author of the sale deed. He is not the owner of the property. He only is a person who facilitated in the deal. He is not the beneficiary of it.

Learned State Counsel admits that the applicant is not the beneficiary. It is the co-accused Dr. Vishal Upadhyaya who has executed the sale deed.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.