A District and Sessions Court of Gautam Budh Nagar has rejected the Interim Anticipatory bail petition of Builder, Mukesh Khurana, and one other in an FIR alleging cheating with a complainant.
District and Sessions Judge Ashok Kumar in an interim order passed on April 20, 2022, stated that "considering the facts and circumstances of this case and nature of the offence, there is no sufficient ground to enlarge the applicants/accused on interim bail. Hence, the interim anticipatory bail application of applicants/accused is liable to be rejected.
Court further noted that "It is prima facie explicit from the FIR that these accused were proprietors of Messrs Rudra Buildwell Projects Pvt Ltd with whom informant entered into an agreement".
However, the court further noted that the case of bail application of other accused Babita Khurana and Rudra Khurana is different from the case of the present accused persons.
The said FIR was registered against Company, M/s Rudra Buildwell Pvt. Projects Ltd, Mukesh Khurana, his wife Babita Khurana, son, Rudra Khurana, Nitin Dua, Director of the Company, M/s Rudra Buildwell Pvt. Projects Ltd. and other Accused persons containing allegations of duping the Complainant by inducing him to part with a huge amount of money to purchase a flat in the accused's project 'Palace Heights' and thereafter not delivering the flat and making duplicate sale of the same.
The said matter pertains to one of the various FIRs registered against the accused, Mukesh Khurana containing serious allegations against him and others of cheating the complainant.
It was argued by the Counsel of the Complainant, Adv. Abhishek Agarwal that Mukesh Khurana along with other accused persons had through a well-planned criminal conspiracy duped the complainant by giving various false representations to invest in his real-estate project and collected the whole amount payable for the Flat and has failed to deliver the Flats which as per the builder buyer agreement entered in the Year 2016 was to be delivered within 24 months.
It was also submitted by Adv. Abhishek Agarwal that the accused, Mukesh Khurana, has not utilized the said money for the project and from the funds collected from the homebuyer have for his personal use bought luxuries cars while cheating the innocent home buyers of their dream homes.
( With inputs from ANI )
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