AKSHAY BUDDHIRAJA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, Sri Satyender Kumar Singh, learned counsel for the informant as well as learned A.G.A. and perused the record.

(2.) By means of this application, the applicant Akshay Buddhiraja, who is involved in Case Crime No. 1752 of 2018, under Sections 420, 464, 467, 468, 471, 120B I.P.C., P.S. Sihani Gate, District Ghaziabad, is seeking enlargement on bail during the trial.

(3.) Learned counsel for the applicant argued that F.I.R. of above case crime number under above section was got registered at Police Station Sihani Gate on 30.8.2018 at 16:50 hours, upon the report of Manoj Pal Singh against Surendra Pal Buddhiraja, Akshay Buddhiraja, Arvind Buddhiraja, Smt. Shimal and Ravi, with this contention that Surendra Pal Buddhiraja was well acquainted with informant, showed his willingness to sell house No. KC/C-22, area of 345.65 sq. mtr., which was in the name of Smt. Shimal Buddhiraja, his wife, which power-of-attorny was executed in favour of her husband Surendra Pal Buddhiraja. A copy of that power-of-attorney was given to informant and Akshay Buddhiraja as well as Arvind Buddhiraja brother of Surendra Pal Buddhiraja, ensured about above power-of-attorney on the basis of which agreement to sell was executed on 30.7.2016 in which advance of Rs. 40 lacs was said to be paid to Surendra Pal Buddhiraja, his brother Arvind and his son Akshay, remaining 60 lacs was said to be paid at the time of sale deed subsequently it was came to know that house was under loan and this was fraud whereas Akshay Buddhiraja is of no concern neither he executed alleged power-of-attorney nor alleged agreement to sell nor there is any proof of payment of huge amount of 40 lacs against premium nor it was registered agreement to sell. It was a false implication. Accused applicant is of no criminal antecedents, hence, bail has been prayed for.