MOHAN KUMAR SAXENA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This second bail application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.414 of 2019, registered with Police Station Sitarganj, District Udham Singh Nagar for the offence punishable under Ss. 255 and 258 of I.P.C. The First Bail Application No.513 of 2020 was rejected, after hearing of both the parties, on 24/7/2020.

(2.) Facts, to the limited extent necessary, are that an FIR was registered on 26/12/2019 against one R.S. Rathore, e-stamp vendor, on the basis of a written report lodged by the informant Ambika Prasad Tripathi, In-charge Sub-Registrar, Sitarganj, District Udham Singh Nagar. According to this matter, two sale deeds were received by the Registrar Office. One sale deed was presented by Smt. Meera Biswas and other sale deed was presented by Deepak Biswas in e-stamp papers bearing No.IN-UK32142932556487R dtd. 20/11/2019 and IN-UK32963024789661R dtd. 20/11/2019 respectively. It was found by the Registrar Office that both the aforesaid e-stamp papers were not verified in the Stock Holding Corporation of India Ltd., Haldwani Branch. These stamp papers bore the e-stamp, stamp of vendor R.S. Rathore, Khatima, U.S. Nagar. In order to verify whether these aforementioned stamp papers had been issued by the Stock Holding Corporation of India Ltd., Haldwani Branch, it was informed to the Registrar Office that the aforementioned e-stamp papers had not issued to any person by the name of R.S. Rathore and there was no such person as stamp vendor in the name of R.S. Rathore in their records. During the investigation, the name of the present applicant came into light and it was found that the said e-stamp papers were forged and fabricated. After investigation, the charge sheet has been filed.

(3.) Heard Mr. Amar Murti Shukla, the learned counsel for the applicant and Mr. S.S. Adhikari, the learned Deputy Advocate General for the State.