RAJVEER Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application is filed by Rajveer with a prayer that he may be released on bail in case crime No. 29 of 2005 under Sections 467, 468, 471, 420, 418 and 120-B I. P. C. P. S. Surajpur District Gautambudh Nagar.

(2.) THE prosecution story in brief is that in the present case the F. I. R. has been lodged by one Dinesh at P. S. Surajpur on 2-3-2005 at 3. 30 p. m. in respect of the incident which had occurred on 18-8-2003 against the applicant and co-accused Manoj, Sunil and Om Prakash. It is alleged that the applicant was having agricultural land in village Sahadra bearing its khasra No. 757 area 4. 7. 0 = 1. 1002, its old khasra Nos. 610, 611, 612, 614, 616, 726 and 727 the applicant entered into an oral agreement in the month of August, 2003 to sale the entire land of khasra No. 757 in favour of the first informant. Its value was calculated by the co-accused Sunil, the relative of the applicant, as Rs. 18,92,250/-and the assurance was given by the applicant and co-accused Sunil that the land was free from any dispute and no other agreement to sale was executed to any other party relying on the applicant and the co-accused Sunil the above proposal was accepted on 18-8-2003 and for the same deal the first informant paid Rs. 10 lacs to the applicant on 18-8-2003, in presence of the Sub-Registrar Dadri and for remaining amount of Rs. 8,92,250/-he issued cheque No. 06126 on 18-8-2003 and the same was handed over to the applicant and the sale-deed was executed by the applicant in favour of the first informant. THE witnesses of the sale-deed were Om Prakash and Manoj, the son of the applicant, both the witnesses were the member of the conspiracy hatched by the applicant. THEreafter on the basis of the aforesaid sale-deed dated 18- 8-2003 the first informant initiated the proceedings of mutation, in the office of Tehsildar, Sadar Guatam Budh Nagar in which 23-9-2003 was fixed for order and objection etc. Prior to that date the applicant and his son Manoj and his relatives co-accused Sunil came at the house of the first informant and demanded a sum of Rs. 3 lacs. THE first informant paid a sum of Rs. 3 lacs to the applicant on 20-9- 2003 for the same a stamp receipt signed by the applicant and other co-accused was issued to the first informant. THE amount of Rs. 5,92,250/-was balance on the first informant but the applicant was having a cheque of the amount of Rs. 8,92,250/-the balance amount was not paid by the first informant so that the first informant may be able to take possession of the land concerned and to establish his ownership and he was intending to pay the balance amount after obtaining the first crops. On 23-9-2003 the date was fixed in the Court of Tehsildar Gautam Budh Nagar where the first informant came to know that one Santosh Chaudhary, Secretary of Van Vihar Samoohik Sahkari Krishi Samiti Limited Ghaziabad had filed objection against the mutation because the same land had already been sold by the applicant after executing a registered sale-deed on 15-7-1988 and he came to known that the applicant has played fraud by executing second sale-deed in respect of same land and he has misappropriated the amount of Rs. 13 lacs of the first informant he again played a fraud by depositing the chaque issued by the first informant in respect of the amount of Rs. 8,92,250/-which would have not been deposited because he had already accepted an amount of Rs. 13 lacs in cash from the first informant but precautionary the first informant had withdrawn the amount from the bank so that the aforesaid cheque may not be encashed, the cheque was not honoured then sent a demand notice on 18-9-2003 in which he has admitted that he had received Rs. 9 lacs on 20-9-2003. Its reply was given by the first informant, thereafter, the applicant gave assurance to pay the amount of Rs. 13 lacs which he had received but the same has not been paid then the applicant had lodged an F. I. R.

(3.) ACCORDINGLY this application is rejected. Bail rejected. RAJES H .