DARYAO SINGH Vs. CBI

JUDGEMENT

(1.) The petitioner- Daryao Singh seeks anticipatory bail under Section 438 Cr.P.C. in RC No.217, 2012/002/CBI/ACU-VI/New Delhi. The FIR was registered on the basis of 'source' information against four persons and the petitioner is one of them.

(2.) Allegations against the petitioner in the FIR are that in response to a public notice published in May, 1995 for development of farmhouse, the petitioner had submitted proposal. The said proposal did not materialise and the petitioner gave two more proposals. Thereafter, another proposal submitted by the petitioner was accepted. Letter of intent was issued on 22.11.1996. The price of land offered by the petitioner was fixed at high rate. The petitioner finally developed 226 farm units out of 300 farms initially agreed. It is alleged that AFNHB made payment Rs. 16 crores approximately to the petitioner. The petitioner had promised to provide land which was free from encumbrances and free from floods etc. On 14.10.1996, K.K.Sangar, Air Vice Marshal, Director General, AFNHB constituted a Board of officers for survey of the agriculture land offered by the petitioner and they visited the site on 16, 17 and 24 October, 1996. As per the report of survey team, dated 25.10.1996, the land was found falling in flood prone zone at village Kabulpur (Haryana), roads were damaged, and the Farm Units were likely to be close to Yamuna river. It was further brought out that the land was being cultivated by one Hari Singh for the last thirty years. The petitioner arranged land in Motipur village which was Bhoodan land in flood prone area and was in notified area of U.P. Government vide notification dated 06.08.1997. In view of that, the Board recommended to re-advertise the project. AFNHB terminated the contract in 2003. The petitioner caused lose to AFNHB members to the tune of Rs. 30 crores.

(3.) Petitioner's contention is that the FIR is self-contradictory.