GULAM SARVAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jyotindra Mishra, learned Senior Counsel assisted by Sri Kapil Mishra, learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the CBI and also perused the material available on record.

(2.) By means of the present bail application, the applicant seeks bail in Case Crime No.810 of 2018, under Ss. 147, 149, 386, 329, 420, 467, 468, 471, 394, 506, 120-B, 364-A IPC, Police Station- Krishna Nagar, District- Lucknow, during the pendency of trial.

(3.) Facts in brief giving rise to the present application are that the Informant/victim is a resident of Alambagh, Lucknow and engaged in the real estate business having his office at Gomti Nagar, Lucknow. At the time of the offence, the accused Atique Ahmad, Ex-Member of Parliament, Phulpur, Allahabad was detained in Deoria Jail and he had tried to pressurize the Informant for extortion of money for about two years and out of fear, the Informant had also given him some amount as such. The two henchmen of Atique Ahmad, namely, Mohd. Farooq and Jaki Ahmad had been trying to extort money from the Informant for about several months. The said two accused persons had also taken possession of the office of the Informant forcibly and got their names inducted in the board of the company and procured digital signatures of the Informant and his sister Aarti Jaiswal. Even after that the Informant did not transfer any shares of the company to them. On 26/12/2018, another goon of Atique Ahmad took the Informant to Deoria Jail where Atique Ahmad along with his son Umar and 10-12 other persons were found present. The two accomplices of Atique Ahmad, namely, Jafarullah and Gulam Sarvar (the present applicant) had beaten the Informant mercilessly thereby breaking his fingers and causing him several external and internal injuries. The accused Atique Ahmad in the jail premises itself got the companies M.J. Infra Housing Private Limited, M.J. Infra Green Private Limited, M.J. Infra Land L.L.P. Private Limited and M.J. Infra State Private Limited transferred forcibly in the name of his associates Mohd. Farooq and Jaki Ahmad. The accused Atique Ahmad has even retained the Fortuner Car of the Informant bearing No. UP-32 JR 1804 with him. It has also been alleged in the FIR that the accused Atique Ahmad had obtained signatures of the Informant on blank letter heads including his resignation letters and also pressurized the Informant to make forged signatures of his sister on the blank papers. The accused Atique Ahmad and his associates forcibly obtained the digital signatures of the Informant and his sister and thereby got the names of their associates inducted in all the aforesaid companies.