(1.) Heard learned counsel for the applicants, Shri Indra Kumar Singh, learned counsel for the complainant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
(2.) The present bail application has been filed by the applicants seeking bail in Case Crime No. 648 of 2021, under Ss. -420, 467, 468, 471 I.P.C., Police Station-Kotwali Nagar, District Etah.
(3.) Learned counsel for the applicants submitted that accused-applicant is innocent and has been falsely implicated in the instant case. It is further submitted that a perusal of the F.I.R. would show that it is a case of correction of map which is referable to U.P. Revenue Code, 2006. It is also submitted that prior to lodging the F.I.R. the informant preferred an application for correction of map before the competent authority which was registered as Case No. 645 of 2020 wherein the ex-parte order was passed in favour of the informant on 29/1/2021, copy of which is annexed as annexure-3 to the present bail application and it appears that based upon the same, the present F.I.R. has been lodged as it is a case in which criminal colour has been given to civil dispute. Further stated that it is not clear from the allegation made in the F.I.R. that who is basically instrumental or author of the map in regard to which allegations are that the same has been prepared by playing fraud. The applicant no.1 is aged about 72 years as mentioned in para 9 of the affidavit filed in support of the bail application. At this juncture learned counsel for the applicant also drawn the attention of the Court on Sec. 437 Cr.P.C. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 20/12/2021 and possibility of conclusion of trial in near future is extremely black.