MAHESH PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Siddhartha Srivastava, learned counsel for the applicant, learned Additional Government Advocate for the State of U.P., Dr. Arun Srivastava, learned counsel appearing on behalf of informant and perused the record.

(2.) By means of this application, the applicant, who is involved in case crime no. 678 of 2019, under Sections 147, 420, 467, 468, 471, 452, 323, 484, 120B IPC, P.S. Izet Nagar, District-Bareilly, is seeking enlargement on bail during the trial.

(3.) As per prosecution case in brief, the dispute in the present case is mainly with regard to land of plot (gata) nos. 509, 510, 568, 569, 570 and 571 situated in village Saidpur Hakins, District Bareilly. Informant Uma Shankar Maurya lodged FIR dated 07.09.2019 against applicant Mahesh Pandey and ten others making allegation inter-alia that aforesaid land belongs to his elder brother Sri Ram Maurya. Applicant and other co-accused persons in collusion with each other used to make effort to grab the same. It is further alleged that applicant on 30.07.2002 got a sale deed executed in favour of his sister-in-law Anupama Raghav regarding 1360 square meter land of Babu Ram (uncle of the informant) through his power of attorney holder Ram Bahadur. The said land was acquired for Mini By-pass, on which Anupama Raghav has received compensation thrice over and above her entitlement. Mutation order dated 8.8.2011 passed in favour of Anupama Raghav has been cancelled by order dated 26.08.2013 on raising objection by Sri Ram and Daya Shankar (brothers of informant). On the application of Daya Shankar Maurya, District Magistrate, Bareilly by order dated 22.06.2015 directed the S.H.O., Police Station Izet Nagar, Bareilly to ensure that opposite party may not interfere in construction work of Daya Shankar Maurya. It is also alleged in suit no. 220 of 2017 (Nandini Pandey Vs. Babu Ram and others) filed by daughter of applicant, order dated 31.05.2017 was passed in favour of plaintiff for construction over the land, but execution of said order dated 31.05.2017 has been stayed by order dated 10.07.2017 of District Magistrate in Appeal No. 162 of 2017 and later on aforesaid suit no. 220 of 2017 has been dismissed on 26.11.2018. Apart from aforesaid facts, general allegations of harassment, assault etc. have also been levelled against all the accused persons.