MOHD. ADEEB AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Abhishek Srivastava, the learned counsel for the applicant as well as Sri Rajiv Kumar Verma, the learned Additional Government Advocate appearing on behalf of the State and Sri Sudhir Kumar Pandey holding brief of Sri Ashwani Kumar Dwivedi, Advocate has put in appearance and filed vakalatnama on behalf of the informant, which is taken on record.

(2.) The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.897 of 2019, under Ss. 420, 467, 468, 471, 504, 506, 354 I.P.C., registered at Police Station Kotwali City, District Hardoi.

(3.) The aforesaid case has been registered on the basis of an F.I.R. lodged on 17/12/2019 against four persons, including the applicant in furtherance of an application under Sec. 156 (3) Cr.P.C., stating that the informant and her daughter had agreed to sell an immovable property to co-accused Mahmood Alam for an agreed consideration of Rs.45,00,000.00. Mahmood Alam paid a sum of Rs.10,00,000.00 through a cheque dtd. 12/6/2019 and after receipt of the amount, registered agreement was executed regarding sell of the property on 16/6/2019 but the informant was not allowed to read the contents of the agreement and merely this much was asked by Registrar as to whether she has received the earnest money of Rs.10,00,000.00. When the co-accused Mahmood Alam did not pay the balance amount of sale consideration, the informant entered into another agreement with some other person to sell the same property for a higher sale consideration of Rs.48,00,000.00 and she executed the sale deed dtd. 18/8/2019 in respect of the same property. The F.I.R. alleges that on the very next day i.e. on 19/8/2019, the other accused persons, including the applicant, who are sons of co-accused Mahmood Alam threatened and misbehaved with the informant and her daughter. It is mentioned in the F.I.R. that on 21/8/2019 the informant had lodged an online complaint on Jansunwai Portal but the Sadar Chowki In-charge submitted a wrong report and disposed of the complaint.