Authority: Uttarakhand High Court (Hon'ble Justice Alok Mahra)
Order Date: Not specified
Case Overview
- Parties: Applicant Dushyant Kumar (Manager, Committee of Management, Dayanand Anglo Vedic Shiksha Samaj Educational Society, Bhagwanpur, Haridwar) vs State of Uttarakhand; complainant represented by Vipul Sharma.
- Offences: Sections 318(4), 336(3), 338 and 340(2) of Bharatiya Nyaya Sanhita, 2023, relating to alleged unauthorized sale of society land.
- Background: Sale deed executed in favour of Vinay Saini for ₹1 crore, while market value exceeded ₹3.5 crore; proceeds deposited in applicant’s personal account instead of society’s bank account.
- Prosecution: FIR No. 135 of 2026, Police Station Kotwali Bhagwanpur, District Haridwar; charge‑sheet filed, cognizance taken on 06‑07‑2026; 30 prosecution witnesses listed but none examined to date.
- Applicant’s defence: Claim that prior permission was sought from the Registrar and Deputy Registrar’s recommendation was treated as permission; alleged bona‑fide misconception of law; senior citizen with heart ailment requiring regular treatment at AIIMS Rishikesh; evidence primarily documentary; reliance on Supreme Court judgment Mahesh Chandra Joshi vs State of Rajasthan (2026 SCC OnLine 2197).
Final Outcome
- Bail application allowed.
- Conditions: Applicant to furnish a personal bond and two reliable sureties each in the like amount; to deposit a sum of ₹30,00,000 as a Fixed Deposit Receipt (FDR) with the Court Registry within fifteen days of issuance of the certified copy of this order.
- Court expressly states that the observation is confined to the bail adjudication and does not express any opinion on the merits of the case.
Topics: Bail, Land Misappropriation, Society Governance