ASHOK CHHABRA Vs. STATE OF U P

JUDGEMENT

(1.) Applicant Ashok Chhabra has moved 4 Criminal Misc. Bail Application No. 2073 of 2006 in Case Crime No. 858 of 2006, under Sections 120-B, 420, 467, 468, 471, I. P. C. and Sections 13 (1) and 13 (2) of the Prevention of Corruption Act, P. S. Sihani Gate, District Ghaziabad, Criminal Misc. Bail Application No. 2055 of 2006 in Case Crime No. 859 of 2006 under Sections 120-B, 420, 467, 468, 471, I. P. C. and Sections 13 (1) and 13 (2) of the Prevention of Corruption Act, P. S. Sihani Gate, District Ghaziabad, Criminal Misc. Bail Application No. 2054 of 2006 in Case Crime No. 860 of 2006, under Sections 120-B, 420, 467, 468, 471, I. P. C. and Sections 13 (1) and 13 (2) of the Prevention of Corruption Act, P. S. Sihani Gate, District Ghaziabad and Criminal Misc. Bail Application No. 2053 of 2006 in Case Crime No. 861 of 2006, Under Sections 120-B, 420, 467, 468, 471, I. P. C. and Sections 13 (1) and 13 (2) of the Prevention of Corruption Act, P. S. Sihani Gate, District Ghaziabad with a prayer that he may be released on bail in the above mentioned cases. All the offences in which the applicant is involved are of same nature. In all the bail applications the facts are similar in nature and the points are the same and the learned Sessions Judge, Ghaziabad has also rejected the bail applications in the aforesaid case by a common order dated 13-12- 2006, therefore, these are being disposed of by a common order.

(2.) FROM the perusal of the records of above mentioned bail applications it appears that the applicant is involved in land scams as; in case crime No. 858 the F. I. R. has been lodged on 20- 12-2005 by Kachhind Lal Sharma, Lekhpal against the applicant and other co-accused persons alleging therein that the applicant has illegally sold the State land in village Pasaunda, Pargana Loni, Tahsil and District Ghaziabad. Its complaint was made by Sri Hari Keval Prasad, M. P. Thereafter, in pursuance of the letter sent by the Special Secretary to the Chief Minister, Uttar Pradesh the enquiry was done by the Tahsildar, Ghaziabad who submitted his report dated 12-12-2005, which reveals that in Khatauni of Fasali year 1362, Khasra Nos. 863, 946/1, 950, 1081, 1088, 1292, 1373, 1516, 1527/2, 1536, 1557, 1565, 1577, 1604, 1605, 1606, 1607, 1610, 1614, 1619, 1621, 1628, 1629, 1630, 1631, 1632, 1642, 1666, 1692, 1693, 1725 were recorded as BANJAR land, Khasara No. 1564 was recorded as JHEEL and Khasara Nos. 1363 and 1447 were recorded as MARG, thereafter, in the aforesaid khatauni the name of the Official Liquidator National Planner, New Delhi and Abadi of Colony Mahalaxmi Land and Finance Company was recorded in revenue records, such entries were made in furtherance of criminal conspiracy and by way of playing fraud and committing the forgery by M/s. Mahalaxmi Land and Finance Co. Ltd. through the applicant Ashok Chhabra in connivance of the then Lekhpal and other Government Officials to obtain illegal gain.

(3.) IN case crime No. 861 the F. I. R. has been lodged on 20-12-2005 by Kachhind Lal Sharma, Lekhpal against the applicant and other co-accused persons alleging therein that the applicant has illegally sold the State land in village Pasaunda, Pargana Loni, Tahsil and District Ghaziabad. Its complaint was made by Sri Hari Keval Prasad, M. P. Thereafter, in pursuance of the letter sent by the Special Secretary to the Chief Minister, Uttar Pradesh the enquiry was done by the Tahsildar, Ghaziabad who submitted his report dated 12-12-2005, which reveals that in Khatauni of Fasali year 1362, Khasra Nos. 1557, 1082, 1067 were recorded as BANJAR land by way of forgery, the name of Wasir was recorded in Khasra No. 1557 and the name of Kalloo has been recorded in Khasara No. 1362 and such entries were not having the signature of any competent authority, subsequently, in the aforesaid Kharas the name of Ashok Kumar Chhabra and Vikram were recorded by way of committing forgery and playing fraud in connivance with the then Likhpal and concerned Government Official and obtained illegal gain.