Anticipatory bail for Meham MLA

It appears to be a case of high-handedness of police: Judge

The District and Sessions Court here has granted anticipatory bail to Meham MLA Balraj Kundu and two others, including his younger brother, in a case of cheating and breach of trust.

The court said that prima facie, the design on the part of the complainant was to turn the civil litigation into a criminal one to exert pressure on the petitioners, but the law did not permit it.

Sessions Judge M.M. Dhonchak observed that the police had not displayed the “expected objectivity” in dealing with the case and “the complainant cannot be allowed to succeed in his design as it appears to be a case of high-handedness of the police in troubling the petitioners”.

“The sequence of events unfolded in this case is not a happy countenance,” remarked Mr. Dhonchak in his 16-page order.

Financial dispute

The matter pertains to financial dispute between the petitioners’ company, KCC Buildcon Pvt. Ltd., and Parivartan Singh, the former director of Parivartan Buildtech Pvt. Ltd., over a ₹75 crore-road project in Madhya Pradesh. A complaint was made to Gurugram police on October 10 and a case was registered at Sector 50 police station on charges of cheating, criminal breach of trust, criminal intimidation and criminal conspiracy among others.

Mr. Dhonchak argued that Sections 406 and 420 of the IPC, were antithesis and in respect of one transaction both cannot be committed simultaneously.

He also pointed out that the Assistant Public Prosecutor failed to point out as to what valuable security was forged by the petitioners and how the alleged offence punishable under IPC Section 467 was made out against the accused.

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