PRAYAGRAJ: The Allahabad High Court on Monday rejected the bail application of Mukesh Khurana, Rudra Group promoter and builder, who has been accused of duping various home buyers in his housing project 'Pavo Real'.
Earlier, a session court of Gautam Budh Nagar had dismissed his bail petition in the matter.
The Bench of Justice Vivek Aggarwal of Allahabad High Court in an order passed on September 20, 2021, while dismissing the bail said "this is not a fit case to enlarge the applicant on bail. The application fails and is dismissed."
"It is evident that compromise will not help the applicant to seek bail as that is not one of the grounds for grant of bail or for cancellation of bail", the court said.
The court while rejecting the bail application further observed the applicant has cheated, misrepresented and defrauded various innocent home buyers and deprived them of their dream home and that the accused had not attempted to settle dues with the home buyers even though he was aware that the said project was not cleared since 2012-13 and only attempted to settled dues now, under the direction of court orders so as to get favourable relief and therefore, in view of the same, was not entitled to any relief from the court.
Mukesh Khurana was represented by senior advocate Rebecca John who submitted that the applicant is on bail since June 26, 2021, due to health issues and has undergone angiography.
There were in all 153 flat buyers, out of which, money for 107 persons has been either returned to or in part and the process of refund is going on, therefore, there is no element of cheating or forgery, the lawyer argued.
Dilip Kumar, senior advocate along with Mudit Jain and Hari Om Singh appearing for the intervenors opposed the bail petition and submitted that it is not a case of double jeopardy.
The FIR at Delhi is in relation to another project and not relating to the project, in which Sunita Devi and others represented by their respective counsel have stakes and have been duped. Returning of money of some of the buyers will not take away the element of cheating and forgery already committed by the applicant, lawyers for intervenors submitted.
Khurana was arrested by Noida Police in the FIR which was registered in relation to the Pavo Real Housing Project in Indirapuram in which the complainant Sunita Singh was in need of a flat to make arrangements for her son's higher education.
According to the lawyers' submission, Khurana has been facing cases filed by home buyers before the consumer forum, NCLT, RERA, under section 138 of the Negotiable Instruments Act.
Khurana, who has several real-estate projects in Delhi-NCR, was arrested on November 3 last year after an FIR was registered by a home buyer Sunita Singh, in relation to Pavo Real Project of M/s Rudra Buildwell Realty Private Limited. (ANI)(THE NEW INDIAN EXPRESS)