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Allahabad HC hears anticipatory bail plea under BNS for alleged fraud in land development project

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Vijay Jindal And 3 Others vs State Of U.P.
Decided
Bottom Line Up Front (BLUF)

In Vijay Jindal And 3 Others vs State Of U.P., the Allahabad High Court on 2026-10-15 heard an anticipatory bail application in Case Crime No. 346 of 2025, filed under Sections 111(1), 111(3), 316(2), 308(6), 352, 351(3) of the Bharatiya Nyaya Sanhita (BNS), concerning alleged irregularities in a land development project.

Ratio Decidendi · Legal Principle Established

The court heard arguments regarding an anticipatory bail application under specific sections of the Bharatiya Nyaya Sanhita (BNS) in a case involving alleged fraud and irregularities in a land development partnership.

Practice & Procedural Impact for Advocates

Advocates should be prepared to argue the merits of anticipatory bail under the Bharatiya Nyaya Sanhita (BNS) for economic offences. Litigants involved in partnership disputes concerning land development should be aware of potential criminal proceedings under BNS.

Key Legal Takeaways

  • 1Anticipatory bail applications are being filed and heard under the Bharatiya Nyaya Sanhita (BNS).
  • 2The BNS provisions cited relate to various aspects including abetment, criminal breach of trust, and assault.
  • 3The case involves a dispute over a land development project and partnership irregularities.

The Legal Issue This application was filed by Vijay Jindal and three others seeking anticipatory bail in Case Crime No. 346 of 2025, registered under Sections 111(1), 111(3), 316(2), 308(6), 352, and 351(3) of the Bharatiya Nyaya Sanhita (BNS) at Police Station Wave City, District Ghaziabad. The first information report (FIR) was lodged by Sanjay Rana, who works as a Personal Assistant to Rakesh Garg. The FIR alleges irregularities in a partnership firm named Friends Land Developers, formed by Rakesh Garg and Atul Garg in 2002, which purchased 22.438 acres of land. Vijay Jindal and S.V.P. Builders (India) Limited (through Vijay Kumar Jindal) were inducted as partners in 2005. A green housing project was planned, and a map was sanctioned by the Ghaziabad Development Authority (GDA) on 2.6.2006, subject to a condition requiring a deposit of Rs. 16,80,88,109/- as development charges.

Court's Reasoning The Allahabad High Court heard arguments from Sri G.S. Chaturvedi and Sri V.P. Srivastava, learned Senior Advocates for the applicants, Sri P.C. Srivastava, learned Senior Advocate for the informant, and Sri Rabindra Kumar Singh, learned A.G.A. for the State. The court was considering the prayer for anticipatory bail based on the allegations outlined in the FIR, which detail a dispute arising from a land development partnership and the conditions imposed by the GDA for project sanction. The specific BNS sections cited in the FIR pertain to various offences, including abetment, criminal breach of trust, and assault, indicating a complex set of allegations related to the partnership and project execution.

What Follows The court heard the arguments from all parties involved in the anticipatory bail application. The outcome of this specific hearing, whether bail was granted or denied, is not detailed in the provided excerpt. Further proceedings would depend on the court's decision regarding the anticipatory bail plea, potentially leading to a grant of bail, rejection, or interim protection with directions for further investigation or appearance.

Read the full judgment