SANJAI Vs. STATE OF U P

JUDGEMENT

(1.) The present bail application has been moved on behalf of applicant Sanjai in case crime No. 70/2005 under Sections 420, 466, 467, 468, 471, 472, 120-B, 218 and 477-A/34, IPC and under Sections 13 (2) and 13 (1) (d) of Prevention of Corruption Act, police station Sector-39 Noida.

(2.) THE brief facts of the case are that FIR was lodged on 6-3- 2005 under the above sections of Indian Penal Code and Prevention of Corruption Act, which was registered as case Crime No. 70 of 2005 police Station Sector-39 Noida. THE FIR was lodged against nine persons and applicant was not named as an accused. Later on, the name of applicant came into light. THE case was investigated against him and charge-sheet was submitted against him.

(3.) THE counter-affidavit filed with the affidavit of J. P. Gupta shows that in the present case, land of two plots, namely, plot No. 194 and 11 of village Shahpur Goverdhanpur Banger pargana Dadri, tahsil Sikandarabad district Bulandshahr, now tahsil Sadar G. B. Nagar is involved. At the time of preparation of consolidation form 41, relating to the year 1367 F, plot No. 194 was marked as grazing land and site for fertilizer and khalihan. No patta could be granted in respect of the said land in view of prohibition contained in Section 132 of U. P. Z. A. and L. R. Act. The khasra extract is annexure CA-1 with this affidavit. So far as plot No. 11 is concerned, it was previously recorded as gaon sabha land (barren land) even prior to consolidation and during consolidation proceeding as well. In the current khatauni too, nature of both the lands is same vide Annexure CA-2. It appears from the record that accused involved in the present case with the connivance and conspiracy, got the name incorporated in respect of plot No. 11 relating to 1382-84 F and 1391-1394 F. Khatauni 1382-84 F and 1391-94 F have been marked as Annexure CA- 3. The lekhpal submitted report that name of Shyam Lal and Rakesh Chandra have been placed on the record and the said report was given on the basis of copy of khatauni. The said report is Annexure CA-4 with the said counter-affidavit. The entries have been incorporated surreptitiously in the revenue record.